PCT AG-IP 11.038 Do rectifications of obvious mistakes need to be authorized by a particular Office?

Rule 91.1(b)

11.038.   Do rectifications of obvious mistakes need to be authorized by a particular Office?  Yes, rectifications must be authorized by the competent PCT authority, that is:

(i)  if the mistake is in the request or in any correction thereof – by the receiving Office;

(ii)  if the mistake is in the description, the claims or the drawings or in any correction
thereof – by the International Searching Authority, or by the International Preliminary Examining Authority where a demand for international preliminary examination has been made and has not been withdrawn and the date on which the international preliminary examination should start pursuant to Rule 69.1 has passed;

(iii)  if the mistake is in the description, the claims or the drawings or any correction thereof, or in any amendment under Article 19 or 34, and if a demand for international preliminary examination has been made and has not been withdrawn and if the date on which the international preliminary examination should start pursuant to Rule 69.1 has passed – by the International Preliminary Examining Authority;

(iv)  if the mistake is in any document other than those referred to in item (i) to (iii) above submitted to the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau, other than a mistake in the abstract or in an amendment under Article 19 – by that Office, Authority or Bureau, as the case may be.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 24 November 2017

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