How does industrial applicability apply to the Written Opinion and International Preliminary Examination Report?
The concept of industrial applicability is crucial in the preparation of both the Written Opinion of the International Searching Authority and the International Preliminary Examination Report. According to PCT Rule 43bis.1(b), the provisions for industrial applicability outlined in PCT Article 33(4) apply equally to these documents:
“The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority.”
This means that when assessing an invention’s industrial applicability, patent examiners use the same criteria for both the Written Opinion and the International Preliminary Examination Report, ensuring consistency in the evaluation process throughout the international phase of patent examination.
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