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PCT International Search and Preliminary Examination Guidelines


Chapter 8  Rule 91 – Obvious Mistakes in Documents

Authorization and Effect of Rectifications

Rule 43.6bis

8.18  An authorized rectification of an obvious mistake under Rule 91.1 must, be taken into account by the International Searching Authority for the purpose of the international search (including the preparation of both the international search report and the written opinion of the International Searching Authority) unless the rectification is authorized by, or notified to International Searching Authority after it has begun to draw up the international search report. The international search report indicates that the rectification has been taken into account, subject to paragraph 8.19.

Rule 43.6bis(b); Section 413

8.19  The international search report, if possible, indicates whether the rectification of an obvious mistake has been taken into account in the situation where the processing or examination of the international application has already started prior to the date on which that Office is notified under Rule 91.3(a) of the authorization of the rectification by the competent authority. If the report fails to indicate whether the rectification of an obvious mistake was taken into account, the International Searching Authority notifies the International Bureau accordingly, and the International Bureau proceeds as provided for in the Administrative Instructions.

Rules 48.2(a)(vii), Rule 91.3(d)

8.20  Upon the applicant’s request, if the competent authority refuses to authorize a rectification under Rule 91.1, the International Bureau publishes the request for rectification, the reasons for the refusal by the authority and any further brief comments that may be submitted by the applicant, if possible, together with the international application (where the request is received by the International Bureau before the end of the technical preparations for publication). Such a request must be submitted within 2 months from the date of the refusal and is subject to the payment of a special fee.

Rule 48.2(k)

8.21  If a request for publication under Rule 91.3(d) was received by the International Bureau after completion of technical preparations for the international publication, the request for rectification of an obvious mistake, any reasons and any comments is promptly published after the receipt of such request for publication. Additionally, the front page is republished.

8.22  If the authorization of a rectification of an obvious mistake was received or given by the International Bureau before the completion of the technical preparations for international publication, the international publication includes the rectification.

Rule 48.2(i)

8.23  If the authorization of a rectification of an obvious mistake is received by or, where applicable, given by the International Bureau after completion of the technical preparations for the international publication, a statement reflecting all the rectifications is published, together with the sheets containing the rectifications, or the replacement sheets and the letter furnished under Rule 91.2. Additionally, the front page is republished.