Law - PCT Request To Rectify Obvious Errors

Obvious errors in the international application or other papers submitted by the applicant may be rectified, if the rectification is authorized within the applicable time limit. The type of paper containing the obvious error determines which PCT authority is competent to authorize the rectification. In those instances where authorization is given by the Receiving Office, the International Searching Authority, or the International Bureau, the notification of the authorization must reach the Bureau before the expiration of 17 months after the priority date or the PCT filing date, whichever is earlier. The authorization may reach the Bureau at a later date if that date is before technical preparations for international publication have been completed. The Examiner may invite the applicant to rectify an obvious error or the process may be initiated by the applicant. Patent Partner provides a default period of 1 month for the time required for a request for rectification to be authorized and for the notification to reach the Bureau, but this period should be confirmed before it is relied upon.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1836 - Rectification of Obvious Errors


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