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who accepts International search report where ISA=EPO in the process of ePCT filing?

Posted: Fri Nov 06, 2020 9:40 am
by blue & green
Dear inventors/nominators or EPO's staffes;

could you inform us on which countries' patent offices accept ISR where International Search Authority (ISA) is EPO?

one more enquiry is that as you know in the process of ePCT application WIPO asks to applicants to select which office/country they would like to select as ISA to prepare ISR but it is known that while some countries are willing to accept ISR carried out by some ISA's , not all of patent offices are willing to accept every ISR prepared by every ISAs.

So, could you inform please under assumption;

first step: we selected ISA where that ISR would not be accepted by any else countries' patent offices.
second step: we would select one well known patent office in the national phase of ePCT process.
final step (Questioning): can we represent that well known patent office's search report simultaneously as ISR or search report which could be acceptable as ISR for the following application where this well known patent office's ISR is accepted by that country's patent office (the following application,in the national phase of ePCT)?

Re: who accepts International search report where ISA=EPO in the process of ePCT filing?

Posted: Fri Nov 20, 2020 12:11 pm
by EPO / Patent Information
Dear User,

Thank you for your enquiry on the EPO “Patent Information Matter” Forum dated 6 November 2020 which was directed to the European and International Legal Affairs & PCT Directorate for reply. We would like to draw your attention to the Euro – PCT Guide, where you may find the necessary information related to the PCT application process at the EPO.

Responding to your first question:
The full list of 143 countries which accept the EPO as ISA may be found here. From 1 December 2020, also China (CNIPA) specifies the EPO as ISA within a 2 years pilot program.

Regarding your second question:
We understand from your enquiry that you would like to know which ISR may be presented in the national phase. In response we would like to inform you that any ISR will be accepted by regional/national Offices upon entry into the regional/national phase, irrespective of the ISA chosen in the international phase. The International Bureau of WIPO transmits the ISR and WO/ISA to the designated Offices (Art. 20 PCT).

We hope this answers your questions. Should you have any further questions, do not hesitate to contact us.

Kind regards,
Directorate European and International Legal Affairs, PCT