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priority document (application) cannot be used to support
obvious error corrections. The rectification is
obvious only in the sense that anyone would immediately
realize that nothing else could have been
intended than what is offered as rectification. For
example, a misspelled word could be considered an
obvious error subject to rectification, A missing
chemical formula or missing line of text would not be
considered obvious error subject to rectification.
However, improper identification of the application
number of the file in which a paper is to be entered
has been held to be an obvious error subject to rectification
when the applicant did include the proper
agent's file reference and other information properly
identifying the application file. See Helfgott & Karas
P. C. v. Dickinson, 209 F.3d 1328, 54 USPQ2d 1425
(Fed. Cir. 2000).
Rectifications must be authorized:
(A) If the error is in the request by the Receiving
Office;
(B) If the error is in the description, the Claims,
the drawings or the abstract by the International
Searching Authority, or by the International Preliminary
Examining Authority where the international
application is pending before the latter Authority;
(C) If the error is in any paper other. than the
international application or amendments or corrections
to it by the International Bureau.
The request for rectification mustbe addressed to
the authority competent to authorize the rectification.
It must be filed in time for the rectification to be
authorized and for notification of the authorization to
reach the International Bureau before the expiration of
the applicable time limit, namely:
(A) Where the authorization is given by the
Receiving Office or the International Searching
Authority its notification must reach the International
Bureau before the expiration of 17 months from the
priority date (or later, before the technical preparations
for international publication have been completed);
(B) Where the authorization is given by the Inter
national Preliminary Examining Authority it must be
given before the establishment of the international
preliminary examination report;
(C) Where the authorization is given by the Inter
national Bureau it must be given before the expiration
PATENT COOPERATION TREATY 1840
of 17 months from the priority date (or later, before
the technical preparations for internationalpublication
have been completed)
The patent examiner, in his or her capacity as an
officer of either the International Searching Authority
or International Preliminary Examining Authority,
informs the applicant of the authorization or refusal to
authorize the rectification of obvious errors. The
International Searching Authority informs the applicant
of the decision by use of Form PCTIISAJ217,
while the International Preliminary Examining
Authority informs the applicant of the decision by use
of FOrmPCTIIPEAJ412.
Where the examiner discovers what might be considered
an obvious error, an invitation to request rectification
(Form PCTIISAJ216 or PCTIIPEAJ411)
should be mailed to applicant.
1840 TheInternationaI Searching
Authority
35 U.S.C. 362, International Searching Authority and
International Preliminary Examining Authority.
(a) The Parent andTrademark Office may act as an Intemational
Searching Authority andInternational Preliminary Bxamining
Authority with respect to international applications in
accordance with the terms andconditions of an agreement which
may.be concluded with the International Bureau, and may discharge
all. duties required of such Authorities, including the collection
of handling fees and their transmittal to the International
Bureau.
(b) The handling fee, preliminary examination fee, and any
additional fees dueforinternational preliminary examinationshall
be paidwithin suchtimeas maybe fixed by'theDirector.
37 CFR 1.413. The United States International Searching
Authority.
(a) Pursuant to appointment by the'Assembly, the United
States Patentand, Trademark Office'will act asan International
Searching Authority for. international applications . filed .in the
UnitedStates Receiving Office andin other Receiving Offices as
may be agreed upon by the Commissioner, in accordance with
agreement between the Patent and Trademark Office and the
International Bureau (peT Art. 16(3)(b».
(b).The Patent and Trademark Office, when acting as. an
International Searching Anthority, will be identified by the full
title "United States International Searching Authority" or by the
abbreviation "ISAlUS."
(c) The major functions of the International Searching
Authority include:
(I) Approving or establishing the title and abstract;
(2) Considering the matter ofunity of invention;
1800-43 August 2001