PCT AG-IP 11.044 What are the effects of the authorization of an obvious mistake on the designated and elected Offices?

Rule 91.3(e)
and (f)

11.044.   What are the effects of the authorization of an obvious mistake on the designated and elected Offices?  Generally, designated and elected Offices must process the international application in the national phase “as rectified”, unless that designated or elected Office has already started the processing or examination of the international application before the date on which that Office is notified under Rule 91.3(a) by the International Bureau of the authorization of the rectification concerned.  Otherwise, a designated or elected Office may only disregard a rectification that was authorized under Rule 91.1 if it finds that it would not have authorized the rectification of the obvious mistake if it had been the competent authority. In the latter case, the designated Office may, however, only disregard any rectification that was authorized during the international phase, if it has given the applicant an opportunity to make observations, within a reasonable time limit, on the Office’s intention to disregard the rectification.

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

Date retrieved: 24 November 2017

1 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

PCT Implementing Rules