What is an International Search Report?
An International Search Report (ISR) is a formal document issued during the Patent Cooperation Treaty (PCT) process that provides an initial assessment of the patentability of an invention. It includes a search for prior art (existing patents and publications) and a written opinion on novelty, inventive step, and industrial applicability.
The ISR is conducted by an International Searching Authority (ISA), such as the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), or Japan Patent Office (JPO). While the ISR does not grant or reject a patent, it helps applicants decide whether to pursue national phase filings in specific countries.
Why the ISR matters for Businesses and Inventors?
The ISR provides valuable insights for patent applicants by:
- Identifying relevant prior art – Helps determine whether an invention is novel and inventive.
- Assessing patentability early – Gives applicants a preliminary indication of their patent’s strength.
- Improving filing strategy – Allows applicants to modify or refine claims before entering the national phase.
- Reducing prosecution costs – Early knowledge of prior art helps avoid costly rejections in later stages.
How the ISR Process works?
1. Request for an International Search
- When filing a PCT application, the applicant selects an International Searching Authority (ISA).
- The ISA conducts a prior art search based on the claims, description, and drawings in the application.
2. Issuance of the ISR
- The ISR includes:
- A list of relevant prior art that may affect patentability.
- Classification of prior art references (e.g., X, Y, A categories indicating relevance).
- Technical fields searched by the examiner.
- A Written Opinion on whether the invention appears novel, inventive, and industrially applicable.
- The ISR is typically issued within 16 months of the priority date or 9 months from the PCT filing date if no priority is claimed.
3. Applicant’s Response Options
- File a Demand for International Preliminary Examination (IPE) – If the ISR raises concerns, applicants can request an optional examination to argue patentability.
- Modify the claims before entering the national phase.
- Proceed directly to national phase without further amendments.
Example: A renewable energy startup files a PCT application for a new solar panel design with the EPO as the ISA. The ISR cites two prior patents with similar designs but acknowledges an inventive improvement in the startup’s technology. Based on this feedback, the company adjusts its claims before filing in key markets like the U.S., Europe, and Japan.
ISR vs. National Patent Searches
| Factor | International Search Report (ISR) | National Patent Office Search |
| Scope | Covers multiple jurisdictions | Limited to a single country |
| Authority | Conducted by an ISA (e.g., USPTO, EPO, JPO) | Conducted by the national patent office |
| Legal Effect | Advisory only—does not grant or reject a patent | Directly influences grant or rejection decisions |
| Timing | Issued within 16 months of priority date | Occurs during national phase prosecution |
| Purpose | Helps applicants assess international patentability before national filings | Determines patentability under national laws |
Challenges in using the ISR
While the ISR provides early insights into patentability, challenges include:
- Not binding on national offices – Countries may disagree with the ISR’s conclusions during national examination.
- Varied search quality – The quality of the search depends on the chosen ISA and available prior art databases.
- Additional prior art may be found later – National offices may uncover new references during local examinations.
- Complex interpretation – Applicants need legal and technical expertise to fully understand ISR findings and modify claims accordingly.
Strategic Business use of the ISR
Inventors and companies use the ISR to:
- Adjust patent claims before entering national phase filings.
- Decide whether to proceed with costly national applications or abandon weak filings.
- Strengthen licensing or investor discussions by demonstrating early patentability.
- Save time and money by addressing prior art concerns upfront.
Frequently Asked Questions on International Search Report
1. What is an International Search Report (ISR)?
An International Search Report (ISR) is a document issued during the Patent Cooperation Treaty (PCT) process. It provides a list of prior art references that may affect the patentability of an invention, helping applicants assess their chances of obtaining a patent.
2. Who conducts the International Search Report?
An International Searching Authority (ISA), such as the USPTO, EPO, JPO, or WIPO, conducts the search. The ISA examines existing patents and technical literature to determine whether the invention is novel and non-obvious.
3. What information is included in an ISR?
The ISR contains:
- Citations of prior art (patents, scientific articles, etc.).
- Relevance categories (e.g., “X” for highly relevant prior art).
- Written opinion on patentability, indicating whether the claims meet novelty, inventive step, and industrial applicability requirements.
4. Does an ISR guarantee patent approval?
No, the ISR is only preliminary guidance. Each national patent office independently examines the application. However, a positive ISR strengthens the case for patentability and may speed up national-phase decisions.