What is the significance of the first written opinion in international preliminary examination?
The first written opinion in international preliminary examination plays a crucial role in the PCT process. As stated in MPEP 1860:
“If the written opinion of the International Searching Authority (ISA) is not treated as the first written opinion of the International Preliminary Examining Authority (IPEA) under PCT Rule 66.1bis, then the IPEA will establish a first written opinion.”
The significance of the first written opinion lies in its function to:
- Provide an initial assessment of the patentability of the claimed invention
- Identify any objections or rejections based on novelty, inventive step, or industrial applicability
- Give the applicant an opportunity to respond and amend the application before the final international preliminary examination report is issued
This opinion serves as a basis for dialogue between the examiner and the applicant, potentially leading to improvements in the application before national phase entry.
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