Accueil PCT Applications The International Phase Procedural Rules Correction of Obvious Errors

Correction of Obvious Errors

Errors

Principle

Obvious errors in the international application or in other documents submitted by the applicant may generally be corrected if the correction is permitted (R91 PCT).

Such errors may be identified by the applicant, but also by the RO, ISA, IPEA, or the IB, which then invites the applicant to file a request (R91.1.h PCT).

Conditions

Principle

A correction may be permitted if, and only if, the competent authority (and not another authority) determines (R91.1.c PCT) that, at the relevant date, the document contains an error and that the proposed correction is immediately evident.

Only the content of the description, claims, drawings, or amendments/corrections thereto shall be taken into account when assessing the admissibility of the correction thereof (or of a correction thereto) (R91.1.d PCT).

For other documents, only the content of the application, any submitted document, any priority document accessible to the authority, or any document in the file held by the authority may be taken into account (R91.1.e PCT).

Relevant Date

The relevant date mentioned above is:

  • if the error concerns the international application as filed, the filing date (R91.1.f.i PCT);
  • if the error concerns another document (including a correction or amendment to the international application), the date of submission of that document (R91.1.f.ii PCT).

Location of the Error

May Be Corrected

Errors that may be corrected include:

May Not Be Corrected

Errors that may not be corrected include:

  • consisting of an omission (R91.1.g.i PCT, but this error may be corrected by incorporation by reference):
    • of an entire element (description, drawings, claims, or abstract A3.2 PCT), or
    • of an entire sheet of the application.
  • in the abstract (R91.1.g.ii PCT, but it may be corrected through an ad hoc procedure),
  • in an amendment under A19 PCT unless the IPEA is competent (R91.1.g.iii PCT),
  • in a priority claim or in a correction of a priority claim, if the correction of the error would result in a change of the priority date (R91.1.g.iv PCT).

Special cases of electronic filings

When filing an application electronically, certain characters (e.g., special characters, formulas) may be altered during the conversion from the working version (e.g., WORD) to the filing version (e.g., PDF or XML).

The RO may accept a working version (referred to as the « pre-conversion » version) along with the filing version. In such cases, and if the « pre-conversion » version differs from the filing version, it is possible to request the RO to correct the application within a period of 30 months to align it with the « pre-conversion » version (Administrative Instructions 706).

The EPO and the IB accept the submission of « pre-conversion » versions (PCT Newsletter No. 7/2008).

Request

Time limit

The request for correction must be submitted to the competent authority within a period of 26 months from the priority date (PCT Rule 91.2).

Competent authority

The competent authority to authorize a correction is:

  • The RO:
  • The ISA:
    • if the error appears in the description, claims, or drawings (PCT Rule 91.1.b.ii), unless the IPEA is competent;
    • if the error appears in a correction of the description, claims, or drawings (PCT Rule 91.1.b.iv in conjunction with PCT Rule 91.1.b.ii), unless the IPEA is competent;
  • The IPEA:
    • if the error appears in the description, claims, or drawings (PCT Rule 91.1.b.iii) and if:
      • a demand for international preliminary examination has been filed and has not been withdrawn;
      • the date on which the examination is to begin (PCT Rule 69.1) has passed;
    • if the error appears in a correction of the description, claims, or drawings (PCT Rule 91.1.b.iv in conjunction with PCT Rule 91.1.b.iii) and if:
      • a demand for international preliminary examination has been filed and has not been withdrawn;
      • the date on which the examination is to begin (PCT Rule 69.1) has passed;
    • if the error appears in an amendment under PCT Article 19 or PCT Article 34 of the description, claims, or drawings (PCT Rule 91.1.b.iv in conjunction with PCT Rule 91.1.b.iii) and if:
      • a demand for international preliminary examination has been filed and has not been withdrawn;
      • the date on which the examination is to begin (PCT Rule 69.1) has passed.
  • The authority to which any other document containing the error was submitted (PCT Rule 91.1.b.iv).

The request for correction must be submitted to this competent authority (PCT Rule 91.2).

Official fee

The request for correction is free of charge (Applicant’s Guide §11.033).

Content

The request must specify the error and the proposed correction. A brief explanation may be added (R91.2 PCT).

In addition to correcting the request, the applicant must submit a replacement sheet containing the proposed correction, and the accompanying letter may draw attention to the amendments (R91.2 PCT together with R26.4 PCT).

For the correction of the request, the correction may be indicated in the letter if such correction can be transferred to the request without affecting clarity and reproducibility (R91.2 PCT together with R26.4 PCT).

Language

The error correction in the application must be made:

  • both in the language of filing and in the language of the translation (R12.2.b.i PCT together with R91.1.b.ii PCT or R91.1.b.iii PCT):
    • if the correction concerns a correction of the description, claims, or drawings,
    • and if a translation was required for the search (R12.3.a PCT), for publication (R12.4.a PCT), or for the preliminary examination (R55.2.a PCT).
  • otherwise, in the language of filing of the application (R12.2.b PCT).

Regarding the correction of the request (R12.2.b.ii PCT), the correction may be filed only in the language of publication that the RO accepts and which has been chosen by the applicant to translate their request after filing (R12.2.b.ii PCT together with R26.3ter.c PCT together with R12.1.c PCT).

Examination of the Request

If the competent authority considers that the conditions are met, it authorizes the correction and informs the applicant and the IB (R91.3.a PCT).

If the competent authority considers that the conditions are not met, it informs the applicant, providing reasons for its notification (R91.3.a PCT). The IB is also informed.

If the IB is the competent authority, it notifies its decision (refusal or authorization) to the RO, the ISA, the IPEA, and the designated or elected Offices in accordance with the administrative instructions (R91.3.a PCT together with administrative instructions 413bis).

Effects of a Correction

Authorized Correction

Principle

In the event of a correction, it takes effect:

  • if the correction concerns the international application as filed, at the filing date (R91.3.c.i PCT);
  • if the correction concerns another document (including a correction or amendment made to the international application), at the date of submission of that document (R91.3.c.ii PCT).

Case of a Correction After Technical Preparations for Publication

If authorization for correction is received or given by the IB after the technical preparations for publication, a special statement indicating the correction is published with (R48.2.i PCT):

  • the sheets containing that correction (or the replacement sheets)
  • the accompanying letter provided

The front page is also republished (R48.2.i PCT).

Consideration at the search stage

The ISA must take into account authorized corrections (R43.6bis.a PCT).

However, the ISA may disregard them if (R43.6bis.b PCT) such correction was authorized by the ISA or received by the ISA after it had begun drafting the search report.

In such case, the report mentions it (if possible): if this is not possible, the IB is informed, and the latter notifies the correction to the applicant, the designated Offices, and the IPEA (R43.6bis.b PCT together with Administrative Instructions 413.c).

Consideration at the examination stage

The IPEA must take into account authorized corrections (R66.1.d-bis PCT).

In such case, the report mentions it (R70.2.e PCT).

However, the IPEA may disregard them if (R66.4bis PCT) such correction was authorized by the IPEA or was received by the IPEA after it had begun drafting the written opinion or the examination report.

In such case, the report mentions it (if possible): if this is not possible, the IB is informed, and the latter notifies the correction to the applicant and the designated Offices (R70.2.e PCT together with Administrative Instructions 413.d).

Consideration by designated Offices

The correction of an obvious error need not be taken into account by a designated Office that has already begun the examination of the application in the national phase (R91.3.e PCT).

Similarly, if the designated Office considers that it would not have allowed such amendment, it may disregard it. Nevertheless, a reasonable time limit must be given to the applicant to present observations (R91.3.f PCT).

Unauthorized correction

If a correction is refused, the applicant may request the IB, within a time limit of 2 months from the date of the decision to publish (R91.3.d PCT), if possible together with the international application (if the refusal of correction is received or issued by the IB before the technical preparations for publication, R48.2.a.viii PCT; otherwise, it is published subsequently and the front page is republished, R48.2.k PCT):

  • the request for correction,
  • the reasons for the refusal by the administration,
  • where applicable, any brief observations made by the applicant.

A special fee (R91.3.d PCT together with Administrative Instructions 113.b) of 50 Swiss francs (plus 12 Swiss francs for each sheet from the second sheet onward) is due within the same time limit.

Despite this refusal, and if it has been published, the applicant may resubmit a request for correction during the national phase (applicant’s guide – national phase §6.016).

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