GL-PCT H IV 2.2 Authorisation or refusal of the request for rectification of obvious mistakes in the application documents

In order to determine whether the request for rectification of obvious mistakes can be authorised, the examiner should check that the time limit for requesting rectification has not expired. The request for rectification can only be considered if it is filed with the competent authority within 26 months from the priority date. [Rule 91.2; ]
If the request is too late, it is refused on that ground.
If the request is in time, the examiner must check whether the requested rectifications satisfy the above criteria (i) and (ii) (see GL/PCT‑EPO H‑IV, 2.1).
– If one or both of the criteria (i) and (ii) are not satisfied, the examiner will not authorise the request and will indicate the reasons.
– If the request is authorised, no reasons need to be given. The fact that a rectification of an obvious mistake has been taken into account will be indicated in the WO‑ISA, WO-IPEA (Form 408) or IPER (Form 409) under Section I. 
– If the request is authorised only in part, the examiner indicates which rectifications are not allowable, together with the reasons, and which rectifications are allowable. The fact that a rectification of an obvious mistake has been taken into account (in part) will also be indicated in the WO‑ISA, WO-IPEA (Form 408) or IPER (Form 409) under Section I.
Authorised replacement pages or sheets for rectification of obvious mistakes under Rule 91 are deemed to be part of the international application "as originally filed". These sheets are identified with "RECTIFIED SHEET (RULE 91.1)".[Rule 91.1; GL/ISPE 17.16; ]
If authorisation of a request for rectification is refused, the applicant may request the IB in writing, within two months of the refusal, to publish the refused request together with the reasons for refusal, subject to payment of a special fee. [Rule 91.3(d); ]

Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/h_iv_2_2.htm

Date retrieved: 17 May 2021

5 references found.

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EPO PCT GL - C Procedureal Aspects Chapter II

EPO PCT GL - H Amendments and Corrections

PCT Implementing Rules