Where the WO‑ISA, any supplementary international search report (SISR) or, where applicable, the subsequent IPER prepared by the EPO was positive (according to the same principles explained for European search opinions in B‑XI, 3.9), the applicant is still sent a communication according to Rule 161(1), but is not required to respond to it.

No communication under Rule 161(1) and

In certain cases, even though the EPO was the ISA or the SISA, the applicant is not required to respond to the communication under Rule 161(1).

3.3.1 Earlier filed amendments or comments

3.3.2 Positive WO‑ISA, SISR or IPER

3.3.3 Rule 161 communication issued before 1 April 2010

Where the EPO has not drawn up an international search report (as ISA) or a supplementary international search report (as the authority charged with the supplementary international search (SISA)), the application is subject to a supplementary European search under Art. 153(7) (see B‑II, 4.3.2); a supplementary European search report and search opinion are issued accordingly (see B‑XI, 1 and B

In its capacity as a designated Office, the EPO also allows access to its files pertaining to the international phase of applications, provided that international publication has taken place.

If the applicant proves to the satisfaction of the EPO that the international filing date is incorrect owing to an error made by the receiving Office or that the priority claim has been erroneously considered not to have been made, and if the error is such that, had it been made by the EPO itself, the EPO would rectify it under the EPC, the EPO must rectify the error on the applicant's request and treat the international application as if it had been accorded the rectified international filing date or as if the priority claim had not been considered not to have been made (s