When is a Written Opinion of the International Searching Authority not required?

A Written Opinion of the International Searching Authority is not required in a specific limited instance, as described in MPEP 1845: “A written opinion of the International Searching Authority is not required in the limited instance where a demand for international preliminary examination and required fees (PCT Rule 69.1(a)) have been filed with the United…

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How does the written opinion of the International Searching Authority relate to inventive step assessment?

The written opinion of the International Searching Authority (ISA) follows the same principles for assessing inventive step as the international preliminary examination. MPEP 1878.01(a)(2) states: “The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).” This means that the ISA uses the same criteria and approach…

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What is the Written Opinion of the International Searching Authority?

The Written Opinion of the International Searching Authority is a document established by an examiner alongside the international search report. It provides an assessment of the claimed invention’s novelty, inventive step, and industrial applicability. As stated in MPEP 1845: “The examiner is required, in most instances, to establish a written opinion on novelty, inventive step,…

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Who can use the ILPO as an International Searching Authority?

According to MPEP 1840.05, the Israel Patent Office (ILPO) is available as an International Searching Authority (ISA) for specific applicants: “…for PCT applications filed by U.S. nationals or residents in the U.S. Patent and Trademark Office (USPTO) as receiving Office or in the International Bureau (IB) as receiving Office.” This means that U.S. nationals or…

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Where can I find information about limitations or restrictions with the ILPO as an ISA?

To find information about limitations or restrictions with the Israel Patent Office (ILPO) as an International Searching Authority (ISA), you should refer to the PCT Information section of the Official Gazette. As stated in MPEP 1840.05: “For any limitations or restrictions with the ILPO as an ISA, please refer to the PCT Information section of…

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Where can I find additional information about the ILPO as an International Searching Authority?

For additional information about the Israel Patent Office (ILPO) as an International Searching Authority (ISA), including subject matter limitations, additional search fees, and cited documents, you should refer to Annex D of the PCT Applicant’s Guide. According to MPEP 1840.05: “For additional information, e.g., subject matter limitations, additional search fees, cited documents, etc., please refer…

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When did the Israel Patent Office (ILPO) become an International Searching Authority?

The Israel Patent Office (ILPO) became available as an International Searching Authority (ISA) on October 1, 2014. As stated in the MPEP 1840.05: “Since October 1, 2014, the Israel Patent Office (ILPO) has been available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents in the U.S. Patent and…

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How does the USPTO treat written opinions from other International Searching Authorities?

The United States International Preliminary Examining Authority has a specific policy regarding written opinions from certain International Searching Authorities. According to the MPEP: The United States International Preliminary Examining Authority will treat any written opinion of the International Searching Authority established by the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO, or IPOS as the…

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What is the role of the United States Patent and Trademark Office (USPTO) as an International Searching Authority?

The USPTO, as an International Searching Authority, has two primary functions: Establish international search reports Prepare written opinions for international applications having an international filing date on or after January 1, 2004 According to MPEP 1840, “As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications…

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What happens if the USPTO was the International Searching Authority for an international application?

When the USPTO serves as the International Searching Authority (ISA) for an international application, it streamlines the process for international preliminary examination. According to MPEP 1872: “If the USPTO was the International Searching Authority for the international application, the same file used for purposes of the international search will be used for purposes of international…

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