Corrected Versions of Pamphlet and IPRPII

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On rare occasions, the International Bureau (IB) will publish a corrected version of a pamphlet after it has entered the national phase.  When this occurs, the pamphlet as published (or republished) at the time of national phase entry is the specification for the purposes of examination. Any subsequent republication of the pamphlet is to be ignored for the purpose of determining the specification in the national phase. However, such a republication will become relevant when considering the allowability of any amendments under sec 102(1).

As PAMS downloads the version(s) of the pamphlet available in IP Australia at national phase entry, there is a slight possibility that national phase entry will occur between republication by the IB and IP Australia receiving the corrected pamphlet (there is a 7-10 day delay in the receiving the new publication from the IB).  For examination purposes it should be assumed that this has not occurred, unless examiners are aware of information to the contrary (such as by being informed by the applicant or when looking up other information on Patentscope).  Where this circumstance arises, the matter should be referred to Business Process Improvement for attention.


A corrected version of an IPRPII may also be issued.  If there are amendments referred to in the corrected version of the IPRPII which are dated later than those referred to in the original IPRPII, then the establishment date of the IPRPII must change.  Otherwise, the later version of the IPRPII may be treated as a mere 'correction' and not a re-established IPRPII.