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1876    Notation of Errors and Informalities by the Examiner [R-07.2015]

PCT Administrative Instructions Section 607

Rectifications of Obvious Mistakes under Rule 91

  • (a) Where the International Preliminary Examining Authority authorizes a rectification of an obvious mistake under Rule 91, it shall:
    • (i) indelibly mark, in the upper right-hand corner of each replacement sheet, the international application number and the date on which that sheet was received;
    • (ii) indelibly mark, in the middle of the bottom margin of each replacement sheet, the words “RECTIFIED SHEET (RULE 91)” or their equivalent in the language of the demand as well as an indication of the International Preliminary Examining Authority as provided for in Section 107(b);
    • (iii) indelibly mark on the letter containing the rectification or accompanying any replacement sheet the date on which that letter was received;
    • (iv) keep in its files a copy of the letter containing the rectification or, when the rectification is contained in a replacement sheet, the replaced sheet, a copy of the letter accompanying the replacement sheet and a copy of the replacement sheet;
    • (v) annex to the copy of the international preliminary examination report which is transmitted to the International Bureau any replacement sheet and any letter as provided for under Rule 70.16;
    • (vi) annex to the copy of the international preliminary examination report which is transmitted to the applicant a copy of each replacement sheet and any letter as provided for under Rule 70.16.
  • (b) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority so indicates in the international preliminary examination report in accordance with Rule 70.2(e), it shall proceed as indicated under paragraph (a), provided that the words “RECTIFIED SHEET (RULE 91) – NOT CONSIDERED FOR REPORT (Rule 66.4bis)” shall be used when marking in accordance with paragraph (a)(ii).
  • (c) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority is not able to so indicate in the international preliminary examination report in accordance with the second sentence of Rule 70.2(e), it shall proceed as indicated under paragraph (a)(i) to (iv) and forward any replacement sheet and any letter containing the rectification or accompanying any replacement sheet to the International Bureau. The International Bureau will promptly notify the elected Offices accordingly.

Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be noted and called to the applicant’s attention. The examiner may invite applicant to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.

AUTHORIZED OFFICER

Form PCT/IPEA/408 and Form PCT/IPEA/411 must be signed by an examiner having at least partial signatory authority.

1876.01   Request for Rectification and Notification of Action Thereon [R-07.2015]

I.NOTIFICATION OF DECISION CONCERNING REQUEST FOR RECTIFICATION

The rectification of obvious mistakes is governed by PCT Rule 91. PCT Administrative Instructions Section 325 provides instructions for the processing of rectifications of obvious mistakes by the receiving Office; PCT Administrative Instructions Sections 413 and 413bis provide instructions for the processing of rectifications of obvious mistakes by the International Bureau; PCT Administrative Instructions Section 511 provides instructions for the processing of rectifications of obvious mistakes by the International Searching Authority; and PCT Administrative Instructions Section 607 provides instructions for the processing of rectifications of obvious mistakes by the International Preliminary Examining Authority.

II.NOTIFICATION

If the applicant requests rectification of any obvious mistakes in the description, claims, or drawings, or in a correction thereon, or in an amendment under Article 19 or 34, the International Preliminary Examining Authority should notify applicant whether the rectification is authorized or refused using Form PCT/IPEA/412. Any rectification offered to the international preliminary examining authority must be in the form of a replacement sheet embodying the rectification and the letter accompanying the replacement sheet must draw attention to the differences between the replaced sheet and the replacement sheet.

The International Preliminary Examining Authority, after fully considering applicant’s request for rectification of an obvious mistake, will notify applicant of the action taken on Form PCT/IPEA/412. Since the space provided is limited, supplemental sheet(s) should be incorporated whenever necessary.

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Last Modified: 11/04/2015 11:01:45