2.20.7 National Examination Where the ISR is Missing

Date Published

A PCT application may enter the national phase before the Office is in possession of the associated ISR (and therefore also the ISO/IPRP).  Situations where this may occur are:

If the ISR is not on file, examiners should check whether a copy is available from Patentscope.  If the ISR is present, a copy should be downloaded and attached to the case file.  Where the ISR is not available, examination should proceed regardless.  The normal search and examination process should be followed, i.e. checking for the existence of FERs as per 2.1.9 Guidelines for Using IPRPI/IPRPIIs and Other Foreign Examination Reports (FERs) in Examination.  If these are either unavailable or inadequate, then an original or additional search should be conducted (see 4.1.1 Objectives of the Search and Additional Searching).

Where the ISR and ISO/IPRP become available during the course of examination, appropriate use is to be made of them.

Note: In the situation where Australia was the ISA, the ISR and ISO, although not published, should be available on INTESS and examination should be carried out according to 2.20.6 National Examination Where the ISR is Available. However, as the ISR and ISO are not OPI:

  • a copy of the ISR and ISO must not be added to the PAMS case file; and
  • examiners must not refer to any reasoning in the ISO and instead draft their own objection or reproduce the text of the ISO in their report.  The source of any citations should be identified as ‘Cited in the ISR’.