Corrections of errors

Corrections of errors

Even with all possible attention, it can happen that the unthinkable happens: an error. Therefore, the hardware error correction procedure is necessary.

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Chapter 1. Correction of errors in produced parts

Section 1.1. The person requesting the correction of the error

Corrections of material errors are requested by the registered applicant (R612-36 CPI, if it concerns a part during the deposit).

A justification can be requested.

Of course, the plaintiff's agent can do just that.

Section 1.2. Deadline to submit a correction request

1.2.1. Principle

A priori, it is always possible to submit this application as long as the fee for delivery has not been paid (R612-36 CPI).

1.2.2. Priority

Concerning the correction of the priority, a request for correction can only be fulfilled:

  • in a delay of 16 months from the earliest priority date claimed (for an addition, R612-24 CPIparagraph 2).
  • in a delay of 16 months from the earliest date among (for correction, R612-24 CPIparagraph 3):
    • the earliest priority date before correction and,
    • the earliest priority date after correction ;
  • in a delay of 4 months from the filing date (for correction, R612-24 CPIparagraph 3).

However, these deadlines are no longer relevant if a request for advance publication is presented according to the article L612-21 CPI, 1 ° (R612-24 CPIparagraph 4).

Section 1.3. Type of errors

1.3.1. Description, drawings and claims

If the error relates to the drawings, the description or the claims, the request for error correction will be favorably received only if the error is obvious and the correction is obvious (R612-36 CPI).

1.3.2. Other

No requirement as to the obviousness of the error and its correction is necessary (R612-36 CPI).

Section 1.4. Royalty fee

A royalty 52 € (Order of 24 April 2008 on procedural fees collected by the INPI, Annex) must be paid (R612-36 CPI).

Chapter 2. Correction of Errors Concerning Patent Rights

Section 2.1. Principle

If an error is present concerning the name, the legal form, the address of the holder, the request for correction must be made by the registered owner (and therefore even after the issue) (R613-57 CPI).

 If the error concerns an act registered in the GNI, the corrections of material errors are requested by any person party to the act (eg contract of cession, R613-57 CPI).

A justification can be requested.

Section 2.2. Deadline to submit a correction request

There is no time limit for performing this type of correction.

Section 2.3. Royalty fee

A royalty 52 € (Order of 24 April 2008 on procedural fees collected by the INPI, Annex) must be paid (R613-57 CPI).

Chapter 3. Correction of errors concerning a decision

Nothing of the CPI provides for a correction of a decision of the director of the INPI.

Therefore, it is likely that the classic rules concerning administrative decisions apply: only an administrative appeal seems to be possible (the administration does not have, to my knowledge, the possibility of making such a correction).

Chapter 4. Correction of the description following a translation

Starting with this paragraph, I was going to write that, of course, it was always possible to correct the description if there was a translation error.

It seems obvious ...

And yet, I'm not sure of myself because, looking for the legal basis, I'm a little bored.

Indeed, the code foresees two cases to modify the description:

  • at the margin to bring it into conformity with the claims (R612-60 CPIparagraph 2), or
  • if there is an irregularity found by the Examiner concerning the description (R612-37 CPI).

I am not sure if we are in one of these cases because this translation error is not necessarily detected by the Examiner.

If I had to argue, I will say that we can because the requirement of R612-21 CPI, paragraph 2 is that a translation must be provided. If an error exists in the translation, it is not a true translation.

It would then be possible to correct this point (ie the supply and not the translation) before any rejection (yes I know it's a little twisted ...).

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