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1836 Rectification of Obvious Errors [R-2] - 1800 Patent Cooperation Treaty
1836 Rectification of Obvious Errors [R-2]
PCT RULE 91
Obvious Errors in DocumentsPCT RULE 91.1.
Rectification(a) Subject to paragraphs (b) to (gquater), obvious errors in the international application or other papers submitted by the applicant may be rectified.
(b) Errors which are due to the fact that something other than what was obviously intended was written in the international application or other paper shall be regarded as obvious errors. The rectification itself shall be obvious in the sense that anyone would immediately realize that nothing else could have been intended than what is offered as rectification.
(c) Omissions of entire elements or sheets of the international application, even if clearly resulting from inattention, at the stage, for example, of copying or assembling sheets, shall not be rectifiable.
(d) Rectification may be made on the request of the applicant. The authority having discovered what appears to be an obvious error may invite the applicant to present a request for rectification as provided in paragraphs (e) to (g)quater). Rule 26.4 shall apply mutatis mutandis to the manner in which rectifications shall be requested.
(e) No rectification shall be made except with the express authorization:
(i) of the receiving Office if the error is in the request,
(ii) of the International Searching Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority,
(iii) of the International Preliminary Examining Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority, and
(iv) of the International Bureau if the error is in any paper, other than the international application or amendments or corrections to that application, submitted to the International Bureau.
(f) Any authority which authorizes or refuses any rectification shall promptly notify the applicant of the authorization or refusal and, in the case of refusal, of the reasons therefor. The authority which authorizes a rectification shall promptly notify the International Bureau accordingly. Where the authorization of the rectification was refused, the International Bureau shall, upon request made by the applicant prior to the time relevant under paragraph (gbis), (gter), or (gquater) and subject to the payment of a special fee whose amount shall be fixed in the Administrative Instructions, publish the request for rectification together with the international application. A copy of the request for rectification shall be included in the communication under Article 20 where a copy of the pamphlet is not used for that communication or where the international application is not published by virtue of Article 64(3).
(g) The authorization for rectification referred to in paragraph (e) shall, subject to paragraphs (gbis), (gter), and (gquater), be effective:
(i) where it is given by the receiving Office or by the International Searching Authority, if its notification to the International Bureau reaches that Bureau before the expiration of 17 months from the priority date;
(ii) where it is given by the International Preliminary Examining Authority, if it is given before the establishment of the international preliminary examination report;
(iii) where it is given by the International Bureau, if it is given before the expiration of 17 months from the priority date.
(gbis) If the notification made under paragraph (g)(i) reaches the International Bureau, or if the rectification made under paragraph (g)(iii) is authorized by the International Bureau, after the expiration of 17 months from the priority date but before the technical preparations for international publication have been completed, the authorization shall be effective and the rectification shall be incorporated in the said publication.
(gter) Where the applicant has asked the International Bureau to publish his international application before the expiration of 18 months from the priority date, any notification made under paragraph (g)(i) must reach, and any rectification made under paragraph (g)(iii) must be authorized by, the International Bureau, in order for the authorization to be effective, not later than at the time of the completion of the technical preparations for international publication.
(gquater) Where the international application is not published by virtue of Article 64(3), any notification made under paragraph (g)(i) must reach, and any rectification made under paragraph (g)(iii) must be authorized by, the International Bureau, in order for the authorization to be effective, not later than at the time of the communication of the international application under Article 20.
Obvious errors in the international application or other papers submitted by the applicant may generally be rectified under PCT Rule 91, if the rectification is authorized, as required, within the applicable time limit. Any such rectification is free of charge. The omission of entire sheets of the description cannot be rectified, even if resulting from inattention at the stage of copying or assembling sheets.
Applicants often attempt to rely upon the priority application to establish a basis for obvious error. The priority document (application) cannot be used to support obvious error corrections. The rectification is obvious only in the sense that anyone would immediately realize that nothing else could have been intended than what is offered as rectification. **>Examples of obvious errors that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone.< A missing chemical formula or missing line of text would not be considered >to be an< obvious error subject to rectification. **
Rectifications must be authorized:
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(A) by the Receiving Office if the error is in the request;
(B) by the International Searching Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority;
(C) by the International Preliminary Examining Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority and if a demand for Chapter II examination has been filed in the application;
(D) by the International Bureau if the error is in any paper submitted to it other than the international application or amendments or corrections to the application.<
The request for rectification must be addressed to the authority competent to authorize the rectification. It must be filed in time for the rectification to be authorized and for notification of the authorization to reach the International Bureau before the expiration of the applicable time limit, namely:
(A) Where the authorization is given by the Receiving Office or the International Searching Authority its notification must reach the International Bureau before the expiration of 17 months from the priority date (or later, before the technical preparations for international publication have been completed);
(B) Where the authorization is given by the Inter national Preliminary Examining Authority it must be given before the establishment of the international preliminary examination report;
(C) Where the authorization is given by the Inter national Bureau it must be given before the expiration of 17 months from the priority date (or later, >but< before the technical preparations for international publication have been completed) ** The International Searching Authority informs the applicant of the decision by use of Form PCT/ISA/217, while the International Preliminary Examining Authority informs the applicant of the decision >regarding the authorization or refusal to authorize the rectification of obvious errors< by use of Form PCT/IPEA/412.
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