Who is the “competent authority” for authorizing rectifications in a PCT application?

The “competent authority” for authorizing rectifications in a PCT application varies depending on the part of the application where the mistake is found. According to MPEP 1836:

• The Receiving Office if the mistake is in the request
• The International Searching Authority if the mistake is in the description, claims, or drawings (unless the International Preliminary Examining Authority is competent)
• The International Preliminary Examining Authority if a demand for Chapter II examination has been filed and not withdrawn, and the date for starting the international preliminary examination has passed
• The International Bureau if the mistake is in any paper submitted to it other than the international application or amendments or corrections to the application

The competent authority will decide whether to authorize or refuse the rectification based on the criteria set forth in PCT Rule 91.

To learn more:

• PCT
• competent authority
• rectification
• international application
• patent procedure