How does the rectification of an obvious mistake affect the effective date of the PCT application?

The effect of rectifying an obvious mistake on the effective date of a PCT application depends on where the mistake occurs. According to MPEP 1836, which cites PCT Rule 91.3(c):

“Where the rectification of an obvious mistake has been authorized, it shall be effective: (i) in the case of a mistake in the international application as filed, from the international filing date; (ii) in the case of a mistake in a document other than the international application as filed, including a mistake in a correction or an amendment of the international application, from the date on which that document was submitted.”

This means that if the mistake was in the original international application, the rectification is effective from the international filing date. For mistakes in other documents, the rectification is effective from the date that document was submitted.

However, it’s important to note that designated Offices may disregard a rectification under certain circumstances, as outlined in PCT Rule 91.3(e) and (f).

To learn more:

• PCT
• obvious mistakes
• rectification effect
• international application
• effective date