How does the Written Opinion relate to the International Preliminary Report on Patentability?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse International Preliminary Report on Patentability Transmitted MPEP 1845 Positive International Preliminary Examination Report Permitted MPEP 1845 Permitted Requirement for International Preliminary Examination MPEP 1845 Documents and Arguments for International Preliminary Examination MPEP 1845 Permitted ISA Must Establish Written Opinion on Novelty and Compliance MPEP 1845 Required Rules for Written Opinion Apply Mutatis Mutandis MPEP 1845 Required Notification of Written Opinion as International Preliminary Exam Authority MPEP 1845 Required Requirement for Written Opinion on Novelty and Inventive Step MPEP 1845 Required Written Opinion Not Needed for U.S. Examiner MPEP 1845 Required Reason for Lack of Unity from International Search Report MPEP 1845.01 Permitted Other Related FAQs 5 FAQs Collapse What is the purpose of Box No. I in the Written Opinion of the International Searching Authority? How does Box No. IV in the Written Opinion address novelty issues? What role doe...