What are the key components of a further written opinion in international preliminary examination?

A further written opinion issued during international preliminary examination should address several key points. The MPEP outlines these components:

  • Defects in the application as described in PCT Article 34(4)
  • Negative findings on novelty, inventive step, or industrial applicability
  • Defects in form or contents of the application
  • Amendments that go beyond the original disclosure
  • Observations on claim clarity and support
  • Decisions not to examine claims without an international search report
  • Issues with nucleotide or amino acid sequence listings

The MPEP states:

The further written opinion is prepared on Form PCT/IPEA/408 to notify applicant of the defects found in the international application.

This form provides a structured format for communicating these findings to the applicant.

To learn more:

Tags: form pct/ipea/408, further written opinion, international preliminary examination, pct article 34