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Written Opinion Of The International Searching Authority Form. This is a Official Federal Forms form and can be use in PCT US Patent Office.
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Tags: Written Opinion Of The International Searching Authority, PCT-ISA-237, Official Federal Forms US Patent Office, PCT
PATENT COOPERATION TREATY
From the
INTERNATIONAL SEARCHING AUTHORITY
PCT
To:
WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
(PCT Rule 43bis.1)
Date of mailing
(day/month/year)
Applicant’s or agent’s file reference
International application No.
FOR FURTHER ACTION
See paragraph 2 below
International filing date (day/month/year)
Priority date (day/month/year)
International Patent Classification (IPC) or both national classification and IPC
Applicant
1. This opinion contains indications relating to the following items:
Box No. I
Basis of the opinion
Box No. II
Priority
Box No. III
Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
Box No. IV
Lack of unity of invention
Box No. V
Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step and industrial applicability;
citations and explanations supporting such statement
Box No. VI
Certain documents cited
Box No. VII Certain defects in the international application
Box No. VIII Certain observations on the international application
2. FURTHER ACTION
If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
International Preliminary Examining Authority (“IPEA”) except that this does not apply where the applicant chooses an Authority
other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66.1bis(b) that written
opinions of this International Searching Authority will not be so considered.
If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the IPEA
a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of mailing of Form
PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later.
For further options, see Form PCT/ISA/220.
Name and mailing address of the ISA/
Date of completion of this opinion
Facsimile No.
Authorized officer
Telephone No.
Form PCT/ISA/237 (cover sheet) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. I
International application No.
Basis of this opinion
1. With regard to the language, this opinion has been established on the basis of:
the international application in the language in which it was filed.
a translation of the international application into ___________________________ which is the language of a
translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
2.
This opinion has been established taking into account the rectification of an obvious mistake authorized by or notified
to this Authority under Rule 91 (Rule 43bis.1(a))
3. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has been
established on the basis of a sequence listing filed or furnished:
a. (means)
on paper
in electronic form
b. (time)
in the international application as filed
together with the international application in electronic form
subsequently to this Authority for the purposes of search
4.
In addition, in the case that more than one version or copy of a sequence listing has been filed or furnished, the required
statements that the information in the subsequent or additional copies is identical to that in the application as filed or
does not go beyond the application as filed, as appropriate, were furnished.
5. Additional comments:
Form PCT/ISA/237 (Box No. I) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. II
International application No.
Priority
1.
The validity of the priority claim has not been considered because the International Searching Authority does not have in its
possession a copy of the earlier application whose priority has been claimed or, where required, a translation of that earlier
application. This opinion has nevertheless been established on the assumption that the relevant date (Rules 43bis.1 and
64.1) is the claimed priority date.
2.
This opinion has been established as if no priority had been claimed due to the fact that the priority claim has been found
invalid (Rules 43bis.1 and 64.1). Thus for the purposes of this opinion, the international filing date indicated above is
considered to be the relevant date.
3. Additional observations, if necessary:
Form PCT/ISA/237 (Box No. II) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. III
International application No.
Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
The questions whether the claimed invention appears to be novel, to involve an inventive step (to be non obvious), or to be industrially
applicable have not been examined in respect of:
the entire international application.
claims Nos. _________________________________________________________________________________________
because:
the said international application, or the said claims Nos. _________________________________
subject matter which does not require an international search (specify):
relate to the following
the description, claims or drawings (indicate particular elements below) or said claims Nos. ________________________
are so unclear that no meaningful opinion could be formed (specify):
the claims, or said claims Nos. ________________________________________________
by the description that no meaningful opinion could be formed (specify):
are so inadequately supported
no international search report has been established for said claims Nos. _________________________________________
a meaningful opinion could not be formed without the sequence listing; the applicant did not, within the prescribed time limit:
furnish a sequence listing on paper complying with the standard provided for in Annex C of the Administrative
Instructions, and such listing was not available to the International Searching Authority in a form and manner acceptable
to it.
furnish a sequence listing in electronic form complying with the standard provided for in Annex C of the Administrative
Instructions, and such listing was not available to the International Searching Authority in a form and manner acceptable
to it.
pay the required late furnishing fee for the furnishing of a sequence listing in response to an invitation under
Rule 13ter.1(a) or (b).
See Supplemental Box for further details.
Form PCT/ISA/237 (Box No. III) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. IV
1.
International application No.
Lack of unity of invention
In response to the invitation (Form PCT/ISA/206) to pay additional fees the applicant has, within the applicable time limit:
paid additional fees.
paid additional fees under protest and, where applicable, the protest fee.
paid additional fees under protest but the applicable protest fee was not paid.
not paid additional fees.
2.
This Authority found that the requirement of unity of invention is not complied with and chose not to invite the applicant to
pay additional fees.
3. This Authority considers that the requirement of unity of invention in accordance with Rule 13.1, 13.2 and 13.3 is
complied with.
not complied with for the following reasons:
4.
Consequently, this opinion has been established in respect of the following parts of the international application:
all parts.
the parts relating to claims Nos. ______________________________________________________________________
Form PCT/ISA/237 (Box No. IV) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. V
1.
International application No.
Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step and industrial applicability;
citations and explanations supporting such statement
Statement
Novelty (N)
______________________________________________________ YES
Claims
Inventive step (IS)
Claims
______________________________________________________ NO
2.
______________________________________________________ YES
______________________________________________________ NO
Claims
______________________________________________________ YES
Claims
Industrial applicability (IA)
Claims
Claims
______________________________________________________ NO
Citations and explanations:
Form PCT/ISA/237 (Box No. V) (July 2011)
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International application No.
WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. VI
1.
Certain documents cited
Certain published documents (Rules 43bis.1 and 70.10)
Application No.
Patent No.
2.
Publication date
(day/month/year)
Filing date
(day/month/year)
Priority date (valid claim)
(day/month/year)
Non-written disclosures (Rules 43bis.1 and 70.9)
Kind of non-written disclosure
Date of non-written disclosure
(day/month/year)
Date of written disclosure
referring to non-written disclosure
(day/month/year)
Form PCT/ISA/237 (Box No. VI) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
Box No. VII
International application No.
Certain defects in the international application
The following defects in the form or contents of the international application have been noted:
Form PCT/ISA/237 (Box No. VII) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
International application No.
Box No. VIII Certain observations on the international application
The following observations on the clarity of the claims, description, and drawings or on the question whether the claims are fully
supported by the description, are made:
Form PCT/ISA/237 (Box No. VIII) (July 2011)
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WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY
International application No.
Supplemental Box
In case the space in any of the preceding boxes is not sufficient.
Continuation of:
Form PCT/ISA/237 (Supplemental Box) (July 2011)
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