Law - Response To PCT Written Opinion

During the International Preliminary Examination, the Examiner prepares a Written Opinion if he/she determines that (1) the international application has defects concerning subject matter, (2) the Opinion should be negative with respect to a claim, (3) the application has defects in form, (4) an amendment goes beyond the original disclosure (5) the claims, description, or drawings are unclear or the claims are unsupported by the description (6) an unsearched claim is not examined or (7) examination cannot be carried out because an acceptable sequence listing is unavailable. Upon being invited to respond to a Written Opinion, the applicant must respond within two months of the mailing date of the Written Opinion, unless another time limit is set in the invitation.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1860 - International Preliminary Examination

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