Even with the utmost care, mistakes can happen. In such cases, the procedure for correcting a clerical error becomes necessary.
Correction of errors in filed documents
The person requesting the error correction
Corrections of clerical errors are requested by the registered applicant (R612-36 CPI, if it concerns a document at the time of filing).
A justification may be required.
Of course, the applicant’s representative may also do so.
Deadline for submitting a correction request
Principle
In principle, it is always possible to submit this request as long as the grant official fee has not been paid (R612-36 CPI).
Priority
Regarding the correction of priority, a correction request may only be filed:
- within 16 months from the earliest priority date claimed (for an addition, R612-24 CPI, paragraph 2); within 16 months from the earliest date among (for a correction, R612-24 CPI, paragraph 3): the earliest priority date before correction and the earliest priority date after correction; within 4 months from the filing date (for a correction, R612-24 CPI, paragraph 3).
However, these deadlines no longer apply if an early publication request is submitted under L612-21 CPI, 1° (R612-24 CPI, paragraph 4).
Types of errors
Description, drawings, and claims
If the error concerns the drawings, description, or claims, the request for correction of errors will only be favorably received if the error is self-evident and the correction is obvious (R612-36 CPI).
Others
No requirement regarding the obviousness of the error and its correction is necessary (R612-36 CPI).
Official fee
An official fee of [montant_epo default= »52 € » name= »INPI – Regularization, correction of clerical error »] (Order of April 24, 2008, on official fees for procedures collected by the INPI, Annex) must be paid (R612-36 CPI).
Correction of errors concerning rights attached to the patent
Principle
If an error is present regarding the name, legal form, or address of the proprietor, the correction request must be made by the registered proprietor (even after grant) (R613-57 CPI).
If the error concerns an act recorded in the National Register of Patents, corrections of clerical errors are requested by any party to the act (e.g., assignment contract, R613-57 CPI).
A justification may be required.
Deadline for submitting a correction request
There is no time limit for making this type of correction.
Official fee
An official fee of [montant_epo default= »52 € » name= »INPI – Regularization, correction of clerical error »] (Order of April 24, 2008, on official fees for procedures collected by the INPI, Annex) must be paid (R613-57 CPI).
Correction of errors concerning a decision
Nothing in the CPI provides for the correction of a decision by the INPI Director.
Therefore, it is likely that the general rules concerning administrative decisions apply: only an administrative appeal seems possible (as the administration, to my knowledge, has no means to make such a correction).
Correction of the description following a translation
When starting this paragraph, I was about to write that, of course, it is always possible to correct the description if there was a translation error.
This seems obvious…
Yet, I am not entirely sure, because when searching for the legal basis, I am somewhat troubled.
Indeed, the Code provides two cases for amending the description:
- marginally, to bring it into conformity with the claims (R612-60 CPI, paragraph 2), or
- if there is an irregularity noted by the Examiner concerning the description (R612-37 CPI).
I am not sure that we fall under either of these cases, as this translation error is not necessarily detected by the Examiner.
If I were 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 (i.e., the submission and not the translation) before any rejection (yes, I know it’s a bit convoluted…).