what happens when ISA's opinion (i.e. preliminary examination) is negative on a patent application?
Posted: Mon Apr 05, 2021 3:48 am
can we say that EPO would rely on the findings (so this would result in: "REJECT")
or is this a case for EPO to also accept the application? (assume please ISA is not EPO)
further, could you also specify whether utility models are applicable according EPO's procedures (relevance: PCT,Entry Office=EPO). And what happens in these separate cases:
* when ISA (is not EPO) says that that application was a patent document (i.e. criteron of inventive step is being satisfied) but at national phase (Entry office=EPO) EPO says that that application was utility model (and not patent) (i.e. the product/application is novel but inventive step is not being satisfied for that application).
* when ISA says that that application was utility model ,but EPO says that it was patent application according to the same case with previous subquestion.
Kind Regards
blue
or is this a case for EPO to also accept the application? (assume please ISA is not EPO)
further, could you also specify whether utility models are applicable according EPO's procedures (relevance: PCT,Entry Office=EPO). And what happens in these separate cases:
* when ISA (is not EPO) says that that application was a patent document (i.e. criteron of inventive step is being satisfied) but at national phase (Entry office=EPO) EPO says that that application was utility model (and not patent) (i.e. the product/application is novel but inventive step is not being satisfied for that application).
* when ISA says that that application was utility model ,but EPO says that it was patent application according to the same case with previous subquestion.
Kind Regards
blue