One last post on patents11 Nov 2018 12:48
its the way the legal structure is set up and administered ..
its called patent Bias ... this is the one area that is political .. which is what the PCT etc is trying to eliminate by its members signing up
so the patent system is trying to Protect novel ART but lets say a political Court like china wants to have its cake and eat it .. ie it wants to allow chinese to gain patents in foreign jurisdictions but then starts putting road blocks against foreigners getting patents in its jurisdiction which means you could get a patent in Europe but never in China as they want to manufacture your Art in the local market free of costs.
so the point of getting the International Search report and opinion .. is it forms a legal back stop which is very difficult to overturn, not saying it cannot be, but the presumption will be to approve if you can establish "ART" so that examination stage digs in deep as we well know from the moditope patent history
now if you read Scancells RNS they used the word "counterparts"
"""This case is key to the protection of the Company's pipeline of Moditope® vaccines for the treatment of cancer and will provide commercial exclusivity in all major European territories including: Austria, Belgium, Switzerland, Germany, Denmark, Spain, Finland, France, United Kingdom, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden and Turkey.  Counterparts to this patent have been filed in Australia, Brazil, Canada, China, Hong Kong, Japan, South Korea, South Africa and the US.""
Counterparts
a person or thing that corresponds to or has the same function as another person or thing in a different place or situation.
so the legal basis has been established .. how that is reflected at the National level could be subject to change but the function of that change still reflects the principle which is a presumption to Grant ..
Konar none of use are patent lawyers ... and the point being its a process that is established, so how it ends up is replicated 100,000 times over by the sheer number of patents applied for which pass or fail.