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PCT International Search and Preliminary Examination Guidelines


Chapter 19 Examination Procedure Before The International Preliminary Examining Authority

Correction of International Preliminary Examination Report

Rules 66.4, 66.6

19.34  The International Preliminary Examining Authority may establish a corrected international preliminary examination report in exceptional circumstances after a report has been issued, provided the circumstances justify such an action. Any replacement report resulting from the re-opening of international preliminary examination should be clearly labeled as such so that elected Offices are aware of its status. A corrected international preliminary examination report will not be established merely because the applicant disagrees with the international preliminary examination report established by the International Preliminary Examining Authority. The retraction of an international preliminary examination report should only be done under exceptional circumstances. The type of circumstance which justifies the re-opening of preliminary examination is where the report was issued earlier than it otherwise would have, by reason of an error or omission on the part of the International Preliminary Examining Authority. For example, the International Preliminary Examining Authority establishes the international preliminary examination report without consideration of a timely filed amendment. Note that once examination of a particular application has been re-opened, any subsequent request to re-open examination of that application should not be entertained.

19.35  The International Bureau must be advised to disregard the earlier report. If the resulting response is a further written opinion, then this opinion will be sent to the applicant only. However when the resulting response is another international preliminary examination report, this will be sent to both the applicant and the International Bureau as a “corrected version” of the international preliminary examination report.