3.2 The procedure before the EPO as ISA
3.2.2.Establishing the ISR and the WO‑ISA
3.2.005For every international application the EPO as ISA issues either an International Search Report (ISR) or, in exceptional cases, a "Declaration of Non-Establishment of International Search Report" (see point 3.3.003), and a Written Opinion of the International Searching Authority (WO‑ISA).
3.2.006The procedure for establishing the ISR and the WO‑ISA is similar to that for establishing the European search report and the European Search Opinion (ESOP).
3.2.007The WO‑ISA provides the applicant with a preliminary non-binding written opinion on the question whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable. A WO‑ISA established by the EPO as ISA will be comparable to the written opinion established by the EPO for a Euro-direct application (ESOP) (see point 3.2.002).
3.2.008Where appropriate, the WO‑ISA will also provide an opinion on issues such as added subject-matter, unity of invention, insufficiency of disclosure, support for the claims in the description, clarity, conciseness and formal defects (e.g. missing reference signs).
3.2.009The WO‑ISA may be positive or negative. A WO‑ISA is qualified as positive if it contains no objections or only minor objections which would not prevent a direct grant in the European phase. In any other case the WO‑ISA is considered negative (see point 3.2.013).
3.2.010The ISR is established within three months of receipt of the search copy at the EPO as ISA or within nine months of the earliest priority date, whichever time limit expires later.
R. 42 PCT
WIPO PCT Guide 7.023
3.2.011The WO‑ISA is established at the same time as the ISR. Both documents are sent to the applicant and the IB. The applicant also receives a copy of each document cited in the ISR.
3.2.012As from 1 January 2018, an information sheet ("Information on Search Strategy") is annexed to all search reports drawn up by the EPO under both the PCT and EP procedures. This information sheet contains details about the databases and keywords used by examiners to retrieve the relevant prior art, as well as the classification symbols defining the extent of the search. Information sheets are made available via file inspection on WIPO's PATENTSCOPE and in the European Patent Register upon publication of the search report.
3.2.014For more information on the "mandatory response" see points 5.4.025 ff.