What are the key components of a further written opinion in international preliminary examination?
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What are the key components of a further written opinion in international preliminary examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
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.