What is a written opinion in the context of international patent searches?
A written opinion is an essential document produced alongside the international search report during the PCT application process. According to MPEP 1843, the written opinion serves several important purposes:
- It indicates whether the claimed invention appears to be novel, involve an inventive step (non-obvious), and be industrially applicable.
- It points out any defects in the form or content of the international application under the PCT Articles or Regulations.
- It includes observations on the clarity of claims, description, and drawings.
- It assesses whether the claims are fully supported by the description.
The MPEP states: “The written opinion shall also be accompanied by such other observations as these Regulations provide for.” This comprehensive evaluation helps applicants and examiners understand the potential patentability of the invention.
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