uspto.gov
Skip over navigation

1876    Notation of Errors and Informalities by the Examiner [R-08.2012]

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-08.2012]

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.

[top]

 

United States Patent and Trademark Office
This page is owned by Patents.
Last Modified: 03/27/2014 10:10:33