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1876    Notation of Errors and Informalities by the Examiner [R-6]

PCT Administrative Instruction Section 607

** > Rectifications of Obvious Mistakes under Rule 91

Where the International Preliminary Examining Authority authorizes a rectification of an obvious mistake under Rule 91 , Section 602 (a)(i) to (iii) and (b) shall apply mutatis mutandis , provided that, where a sheet is marked as indicated in Section 602 , the words “RECTIFIED SHEET (RULE 91 )” shall be used. <

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-6]

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 413 bis provide instructions for the processing of rectifications of obvious mistakes by the International Bureau; PCT Administrative Instructions Section 511 provide s 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 examiner, 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.

III.   AUTHORIZED OFFICER

Form PCT/IPEA/412 must be signed by an examiner having at least partial signatory authority.

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Last Modified: 09/13/2012 17:28:35