How does the Written Opinion relate to the International Preliminary Report on Patentability?
The Written Opinion of the International Searching Authority has a direct relationship with the International Preliminary Report on Patentability (IPRP), as explained in MPEP 1845:
“The written opinion is transmitted to the designated offices in the form of an international preliminary report on patentability if no international preliminary examination report is established under Chapter II of the PCT.”
This means that if the applicant does not request international preliminary examination, the Written Opinion effectively becomes the IPRP, providing designated offices with a preliminary assessment of patentability for use in the national phase.
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