What must be included in the Written Opinion of the International Searching Authority?

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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 must include specific elements as mandated by MPEP 1845 : “The applicant must be notified in the written opinion of the defects found in the application. The examiner is further required to fully state the reasons for his/her opinion (PCT Rules 66.1bis and 66.2(b)) and invite a written reply, with amendments where appropriate (PCT Rule 66.2(c)).” In summary, the Written Opinion must: Notify the applicant of any defects in the application Provide a full explanation of the examiner’s reasoning Invite the applicant to reply in writing and make amendments if necessary Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must State Reasons and Invite Reply MPEP 1845 Required Defects Must Be Notified to Applicant MPEP 1845 Required Written Opinion Must Include Other Observations MPEP 1843 Required Rules for Written Opinion Apply Mutatis Mutandis MPEP 1845 Required Written Opinion Not Needed for U.S. Examiner MPEP 1845 Required International Searching Authority Must Consult Minimum Documentation MPEP 1843.01 Required Requirement for Written Opinion on Novelty and Inventive Step MPEP 1845 Required ISA Must Establish Written Opinion on Novelty and Compliance MPEP 1845 Required Notification of Written Opinion as International Preliminary Exam Authority 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 does Box No. V play in assessing inventive step in t...