How does the International Search Report differ from the Written Opinion?

The International Search Report (ISR) and the Written Opinion of the International Searching Authority are distinct but related documents in the PCT process. According to MPEP 1844:

“The search report is only for the purpose of identifying prior art and should not contain any expressions of opinion, reasoning, argument or explanation as to any cited prior art. Such comments should be included in the written opinion of the International Searching Authority.”

Key differences include:

• Purpose: The ISR identifies relevant prior art, while the Written Opinion provides an initial, non-binding opinion on patentability.
• Content: The ISR lists citations and search information, while the Written Opinion contains reasoning and explanations.
• Form: The ISR uses Form PCT/ISA/210, while the Written Opinion uses Form PCT/ISA/237.

Both documents are transmitted together and serve as a basis for further examination, but they fulfill different roles in the patent examination process.

To learn more:

• International Search Report
• Written Opinion
• PCT
• Patent Examination