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6.1.13 Reissued, Amended or Corrected ISRs and ISOs

Date Published

On rare occasions it will be necessary to replace a previously issued ISR and/or ISO.  This can arise if, for example, a further relevant document is discovered or if an error has been made in the transcribing of details into the report.  Where the error or omission is not one which would have procedurally disadvantaged the applicant (such as an incorrect IPC mark or a misspelling of the applicant’s name), a “Corrected” report should be issued bearing the same date of establishment and same date of issue (mailing) as the original report.  Where the error or omission is one of real substance which would procedurally disadvantage the applicant if the original dates of establishment and issue (mailing) were maintained (such as a new citation or a citation whose number has been misrecorded), an “Amended” report having the actual date of establishment and actual date of issue (mailing) of the amended report should be issued. [PCT/GL/ISPE/12 at para 15.74]

If an error or omission concerns only one or the other of the ISR and ISO, then it is only necessary to amend the document in which the fault occurs (although the reissuing or correction of one will often require reflection in the other, in particular to ensure that any change to the deemed date of mailing was properly reflected as one or the same in both documents).

The discovery of a further relevant document may arise out of the following circumstances:

  • the discovery that the full international search has not been done, or a citation has been missed, thus requiring a further search and/or opinion.
  • an (international) search in a later related application which provides documents relevant to the original search
  • notification by a third party of the existence of a relevant document.

If the person discovering the need for a search, or the existence of relevant documents, is not the original search examiner, they must, if practical, immediately inform the original search examiner.  If that is not practical, another examiner will need to take carriage of the case.  The search copy file is retrieved and, if practical, the original three-person team or, if not practical, a new three person team determines the need for an amended search or the relevance of the later search.

If there is a need for a further search as above, then the three-person team determines the appropriate search strategy and proceeds according to the procedure in a normal international search (see Search Report and Notification Form Completion).

If a later search report provides relevant documents then the search examiner prepares an “Amended” ISR comprising the relevant citations of the later (international) search report depending on whether it is wholly or partly relevant.

If the task above is completed in sufficient time for the amended report to arrive at the IB at least two weeks before normal publication of the original international application, then the amended search report is treated in the same way as a normal search report (see Search Report and Notification Form Completion) for the procedure). If not, then an amended report may be issued any time up to entry into the National Phase, less a publication lead time.

An amended ISO may also need to be issued with the amended search report (see para above).

Corrected reports can be initiated in RIO through the “Corrected report” option in the ‘View IP Right’ of the application. See guidance under “Reissued, Corrected or Amended PCT Reports” in the RIO Manual.

Information about issuing corrective actions as a result of a quality review Finding can be found in the Quality System and Security Manual.

Amended Reasons

Amended Reason Date Amended

Published for testing

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