The Opinion
The purpose of the opinion is to give the applicant a better overview over his application. It shouldhelp him with his further decisionsabout how to proceed with the further process of his application. After reading the opinion he should know whether to continue with the application (including the fee) or to interrupt the whole process because of e
Positive Opinion
A positive opinion will be issued if the application and the invention comply with the requirements of the European Patent Convention (EPC). In this case, they will probably suggest to grant the patent. If a positive opinion is received, it is advisable for the applicant to consider voluntary amendments to the application. They could still improve
Opinion Including Objections
If the application and the invention do not seem to meet the requirements of the EPC, then the opinion will set out in detail the searcher’s objections to granting a patent. The objections can relate to both formal and substantive matters.
See full list on legal-patent.com
Responding to The Opinion
If the opinon isn’t positive, the applicant has two possiblities: 1. he can respond by arguing againstthe objections 2. he can respond by amendingthe application. The time for a response is limited. You have either 1. six monthsfrom the date on which the European Patent Bulletin mentions the publication of the European search report (for direct-fil
Amendment
The patent applicant can amend the description, claims and drawings. The application needs to be amended if the opinion was negative but it can also be amended voluntary if the opinion was positive. We advise to amend it in every case, because it can always become better. IMPORTANT: The last chance to make voluntary amendments is the time period fo
Deciding to Proceeding – Examination
The next step after considering the search opinion could be proceeding with the patent application. This is the point where the examination feeis due to pay, if this didn’t happen before (e.g. on filing the application or on entering the European regional phase). After the payment the EPO asks the applicant for a confirmation of his wish to proceed
Deciding Not to proceed – Refund of Fees
If the applicant does not want to proceed, he actually can just wait. If he neither pays the examination fee nor confirms the application’s proceeding to examination during the time limit, the EPO will deem the application to be withdrawn. In this case the examinationfee will be refunded, if payed beforehand. If the applicant withdraws the patent a