Even with all possible attention, it can happen that the unthinkable happens: a mistake. Therefore, the hardware error correction procedure is necessary.
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
A priori, it is always possible to present this request as long as the delivery fee has not been paid (R612-36 CPI).
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).
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 correction of errors will be welcomed only if the error is obvious and the correction is obvious (R612-36 CPI).
No requirement as to the evidence 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, legal form, address of the holder, the request for correction must be made by the registered holder (and therefore even after delivery) (R613-57 CPI).
If the error concerns an act entered in the GNI, corrections of material errors are requested by any person party to the act (e.g. assignment contract, R613-57 CPI).
A justification can be requested.
Section 2.2. Deadline to submit a correction request
There is no time limit for making 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 in the IPA provides for a correction of a decision of the director of the INPI.
Consequently, it is probable that the classic rules concerning administrative decisions apply: only an administrative appeal seems to be possible (the administration not having, to my knowledge, the possibility of making such a correction).
Chapter 4. Correction of the description following a translation
At the beginning of this paragraph, I was going to write that, of course, it was always possible to correct its 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 noted by the Examiner concerning the description (R612-37 CPI).
I am not sure that we are in one of these cases because this translation error is not necessarily detected by the Examiner.
If I had to argue, I would 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 bit twisted…).