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PCT International Search and Preliminary Examination Guidelines


Chapter 8  Rule 91 – Obvious Mistakes in Documents

Submission and Processing of a Request for Rectification

Rule 91.2

8.14  A request for rectification must be submitted to the competent authority within 26 months from the priority date. A request for rectification must specify the mistake to be rectified and the proposed rectification, and may, at the option of the applicant, contain a brief explanation.

Rule 91.3; Section 511

8.15  Where a request for rectification is submitted to the International Searching Authority and that Authority is competent to authorize the rectification, the Authority considers whether the mistake is rectifiable under Rule 91.1, marks the documents in accordance with Section 511 and completes Form PCT/ISA/217. The International Searching Authority forwards the request for rectification and Form PCT/ISA/217 to the receiving Office, the International Bureau and the applicant.

Rule 91.1

8.16  During the international preliminary examination procedure, a request for rectification of an obvious mistake in the international application may be made by the applicant of his own volition. In addition, the examiner, upon study of the international application (other than the request) and any other papers submitted by the applicant, might also note obvious mistakes.

Rule 91.3; Section 607

8.17  Where a rectification of an obvious mistake is authorized or refused by the International Preliminary Examining Authority, the Authority promptly notifies the applicant of the authorization or refusal using Form PCT/IPEA/412 and, in the case of refusal, of the reasons therefor. The International Preliminary Examining Authority marks the request as set forth in Section 607 and sends a copy of the request for rectification and the Form PCT/IPEA/412 to the International Bureau and the applicant.