6.3.7 IPRPII and Notification

Also in this Chapter:

• 6.3.1 Procedural Outline Written Opinion
• 6.3.2 Introduction International Examination
• 6.3.3 The Demand and IPRPII
• 6.3.4 Top-up Search
• 6.3.5 First IPE action
• 6.3.6 Response to Opinion
• 6.3.8 Completing ISO, IPEO and IPRPII Forms
• 6.3.9 General Considerations
• 6.3.10 Annexes​​​​​​​

Key Legislation:

Patent Cooperation Treaty (PCT)

• Article 35 The International Preliminary Examination Report

PCT Administrative Instructions:

• s503 Method of Identifying Documents Cited in the International Search Report and the Written Opinion of the International Searching Authority
• s611 Method of Identification of Documents in the International Preliminary Examination Report

Regulations under the PCT:

• Rule 43.5 Citations
• Rule 70.7 Citations under Article 35(2)

Related Chapters:

• 6.3.8 Completing ISO, IPEO and IPRPII Forms
• Annex C - Form PCT/IPEA/416 (Notification of Transmittal of IPRPII
• Annex D - Form PCT/IPEA/409 (IPRPII)

The final response comprises:

• Notification of Transmittal form, PCT/IPEA/416, and

• IPRPII form PCT/IPEA/409

The above forms are available as a single template under “PCT/IPEA/409”.

See Annex C - Form PCT/IPEA/416 (Notification of Transmittal of IPRPII) and Annex D - Form PCT/IPEA/409 (IPRPII) for completed examples of forms PCT/IPEA/416 and PCT/IPEA/409, respectively.

The applicant receives both the Notification of Transmittal and the IPRPII, whereas WIPO is only sent the IPRPII.

The following details are automatically filled in on the forms (for further details on completing this part of the IPRPII form see 6.3.8 Completing ISO, IPEO and IPRPII Forms):

• Address for correspondence

• Applicant's or agent's file reference

• International filing date

• Priority date

• Applicant

Note:

1. Examiners must check the latest correspondence on file to ensure that any PCT Rule 92bis changes have been recorded by the PCT Unit.  
2. Two compulsory boxes on the first sheet of the IPRPII, in Item 4, will be crossed automatically on the template. The two compulsory boxes are: Box I - Basis of the report, Box V - Reasoned statement under http://www.wipo.int/pct/en/texts/articles/a35.htm#_35).
3. Examiners will need to attach the ANNEXES. Follow guidance Attaching Annexes
4. If there is insufficient space in any Box provided use a Supplemental Box sheet(s), remembering to indicate the Box number I-VIII from which it is a continuation.  
5. The "date of completion of this report" will be the date that the authorising officer completes or concurs with the report. This date will be the date of establishment of the report and should not be after the mailing date shown on the Notification of Transmittal sheet of the written report.   In the situation where a corrected report is required to be issued, the"date of completion of the report" shown in the report should be the date of completion of the original report, unless the correction is one of real substance and doing this would procedurally disadvantage the applicant, in which case the actual date of completion of the corrected report should be shown.
6. Any document cited in the IPRPII which was previously cited in the ISR may be cited in a shortened form, provided that the reference to the document is unambiguous. Any document cited in the IPRPII which was not cited in the ISR shall be cited in the same form as required under Section 503 for ISR's. (Note - no document should be cited for the first time in an IPRPII. Any new citation should be raised first in an IPEO). [Rule 43.5 Rule 70.7 Ad. Inst. 503 Ad. Inst. 611]