PCT AG-NP 6.015 What are the effects of the authorization of an obvious mistake on the designated and elected Offices?

Rule 91.3(e)
and (f)

6.015.  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 disregard a rectification that was authorized under Rule 91.1 if it finds that it would not have authorized the rectification if it had been the competent authority (see Rule 91.3(f)).  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.

6.016.   Where the authorization of rectification has been refused during the international phase and the applicant has made a request for publication under Rule 91.3(d) (see International Phase, paragraph 11.043), he should repeat the request for rectification before each designated Office in a language admitted by that Office.

6.017.   The conditions for allowing the rectification of an obvious mistake depend on the national law and practice applied by the designated Offices.  Applicants are advised to inquire at the Offices concerned regarding the conditions applicable.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np06.html

Date retrieved: 02 November 2015

2 references found.

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PCT Implementing Rules

PCT Applicant's Guide - International Phase