MPEP § 1836 — Rectification of Obvious Mistakes (Annotated Rules)

§1836 Rectification of Obvious Mistakes

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1836, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Rectification of Obvious Mistakes

This section addresses Rectification of Obvious Mistakes. Contains: 7 requirements, 3 prohibitions, 2 permissions, and 5 other statements.

Key Rules

Topic

35 U.S.C. 103 – Obviousness

10 rules
StatutoryRequiredAlways
[mpep-1836-2f5156f01220038562306e7f]
Authority to Correct Obvious Mistakes Must Be Clear
Note:
The competent authority can authorize a document correction if it is clear that the intended content was different from what was written and no other meaning could be intended.

(c) The competent authority shall authorize the rectification under this Rule of a mistake if, and only if, it is obvious to the competent authority that, as at the applicable date under paragraph (f), something else was intended than what appears in the document concerned and that nothing else could have been intended than the proposed rectification.

StatutoryRequiredAlways
[mpep-1836-9dbe2a276fea5ffa686b7270]
Competent Authority Must Consider Description, Claims, Drawings
Note:
The competent authority must base its decision on the contents of the description, claims, and drawings, as well as any corrections or amendments made to them.

(d) In the case of a mistake in the description, claims or drawings or in a correction or amendment thereof, the competent authority shall, for the purposes of paragraph (c), only take into account the contents of the description, claims and drawings and, where applicable, the correction or amendment concerned.

StatutoryRequiredAlways
[mpep-1836-2e976cadd85576221ed29adb]
Document Rectification According to Administrative Instructions
Note:
When an obvious mistake has been authorized for rectification under Rule 91.1, the document must be corrected in accordance with the specified administrative instructions.

(b) Where the rectification of an obvious mistake has been authorized under Rule 91.1, the document concerned shall be rectified in accordance with the Administrative Instructions.

StatutoryInformativeAlways
[mpep-1836-fbe0ffda0ae9d84ebfc9cfe3]
Priority Application Cannot Support Obvious Mistake Corrections
Note:
The priority application cannot be used to correct obvious mistakes in the description, claims, or drawings.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

StatutoryProhibitedAlways
[mpep-1836-efc31262d755caf9e9963a13]
Priority Application Cannot Support Obvious Mistake Corrections
Note:
The priority document cannot be used to correct obvious mistakes in the description, claims, or drawings unless the change is a simple linguistic error.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

StatutoryInformativeAlways
[mpep-1836-dc0d486b75a21d954247f118]
Obvious Mistake Rectification Requirement
Note:
The competent authority must immediately recognize the intended correction for linguistic, spelling, or grammatical errors without changing the disclosure's meaning.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

StatutoryInformativeAlways
[mpep-1836-7c087e3e4abe77647439de20]
Linguistic Errors Can Be Rectified
Note:
The rule permits rectification of linguistic, spelling, and grammatical errors in patent disclosures as long as the meaning remains unchanged.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

StatutoryInformativeAlways
[mpep-1836-c32d8ad5dfa4e05b2c8e964a]
Changes to Chemical Formulas Generally Not Rectifiable
Note:
Changes to chemical formulas can only be rectified if they are common knowledge and the meaning of the disclosure does not change.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

StatutoryInformativeAlways
[mpep-1836-301e02d82969accd493cf250]
Missing Chemical Formula Is Not an Obvious Mistake
Note:
A missing chemical formula cannot be considered an obvious mistake for rectification in a patent application.

Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings or in a correction or amendment thereof. The rectification is obvious only in the sense that the competent authority (i.e., the receiving Office, the International Searching Authority, the International Preliminary Examining Authority, or the International Bureau), as appropriate, would immediately realize that something else was intended other than what appears in the document and that nothing else could have been intended than what is offered as rectification. Examples of obvious mistakes that are rectifiable include linguistic errors, spelling errors and grammatical errors so long as the meaning of the disclosure does not change upon entry of the rectification. Changes to chemical or mathematical formulas would not generally be rectifiable unless they would be common knowledge to anyone. A missing chemical formula or missing line of text would not be considered to be an obvious mistake subject to rectification.

MPEP GuidancePermittedAlways
[mpep-1836-3ab0d3c40fdd531bc28ca4c4]
Rectification of Mistakes in Submitted Documents Required
Note:
The rectification of mistakes in documents submitted to the receiving Office, International Searching Authority, International Preliminary Examining Authority, or International Bureau must be authorized by the competent authority.

(b) The rectification of a mistake shall be subject to authorization by the “competent authority”, that is to say:

(iv) in the case of a mistake in a document not referred to in items (i) to (iii) submitted to the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau, other than a mistake in the abstract or in an amendment under Article 19 —by that Office, Authority or Bureau, as the case may be.

Topic

Competent Authority for Rectification

4 rules
StatutoryRequiredAlways
[mpep-1836-bb185918ea8e3698de4c1e64]
Corrective Date for Mistakes
Note:
The rule specifies the date to apply corrections in international applications, whether in the original filing or subsequent documents.
(f) The applicable date for the purposes of paragraphs (c) and (e) shall be:
  • (i) in the case of a mistake in a part of the international application as filed—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—the date on which the document was submitted.
Jump to MPEP SourceCompetent Authority for RectificationObvious MistakesPCT Rectification of Mistakes
StatutoryRequiredAlways
[mpep-1836-8d172745097f047b58ec1ce9]
Effective Date for Authorized Rectifications
Note:
Authorized rectifications of obvious mistakes in the international application or related documents are effective from their respective filing or submission dates.
(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.
Jump to MPEP SourceCompetent Authority for RectificationObvious MistakesPCT Rectification of Mistakes
StatutoryProhibitedAlways
[mpep-1836-6e261b7309c61c7fb2e65fbb]
Priority Claim and Abstract Corrections Prohibited Under PCT Rule 91
Note:
Mistakes in priority claims, abstracts, or amendments under Article 19 cannot be rectified unless the International Preliminary Examining Authority is competent to authorize such changes.

Obvious mistakes in the international application or other papers submitted by the applicant may generally be rectified under PCT Rule 91, if the rectification is authorized, as required, within the applicable time limit. Any such rectification is free of charge. The omission of entire sheets of the international application cannot be rectified under PCT Rule 91. Correction of such mistakes may only be made in accordance with PCT Rule 20.6. Mistakes in the abstract, in amendments under PCT Article 19 (unless the International Preliminary Examining Authority is competent to authorize the rectification under PCT Rule 91.1(b)(iii)), or in a priority claim or in a notice correcting or adding a priority claim where the rectification would cause a change in the priority, also cannot be rectified under PCT Rule 91.

Jump to MPEP SourceCompetent Authority for RectificationPCT Article 19 AmendmentsPCT Rectification of Mistakes
MPEP GuidanceRequiredAlways
[mpep-1836-601542073132c7375e1a94a8]
Competent Authority for Mistake Rectification Required
Note:
The rectification of a mistake in an international application must be authorized by the appropriate authority, such as the receiving Office or International Searching Authority.
(b) The rectification of a mistake shall be subject to authorization by the “competent authority”, that is to say:
  • (i) in the case of a mistake in the request part of the international application or in a correction thereof—by the receiving Office;
  • (ii) in the case of a mistake in the description, claims or drawings or in a correction thereof, unless the International Preliminary Examining Authority is competent under item (iii)—by the International Searching Authority;
  • (iii) in the case of a mistake in the description, claims or drawings or in a correction thereof, or in an amendment under Article 19 or 34, where a demand for international preliminary examination has been made and has not been withdrawn and the date on which international preliminary examination shall start in accordance with Rule 69.1 has passed—by the International Preliminary Examining Authority;
  • (iv) in the case of a mistake in a document not referred to in items (i) to (iii) submitted to the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau, other than a mistake in the abstract or in an amendment under Article 19 —by that Office, Authority or Bureau, as the case may be.
Jump to MPEP SourceCompetent Authority for RectificationObvious MistakesPCT Rectification of Mistakes
Topic

Article 19 Amendment Scope

3 rules
StatutoryPermittedAlways
[mpep-1836-a5d9b7006ce774e9e11f4651]
Invitation to Rectify Obvious Mistakes
Note:
The receiving Office may invite the applicant to correct any obvious mistakes in the international application or related documents.

(h) Where the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau discovers what appears to be a rectifiable obvious mistake in the international application or another document, it may invite the applicant to request rectification under this Rule.

Jump to MPEP SourceArticle 19 Amendment ScopeReceiving Office (RO/US)International Searching Authority (ISA)
StatutoryRequiredAlways
[mpep-1836-189b342871d8663bc5ca8bcf]
Publish Requested Rectification When Refused
Note:
When the competent authority refuses a rectification under Rule 91.1, the International Bureau must publish the request, reasons for refusal, and any applicant comments within two months after the refusal, subject to a special fee.

(d) Where the competent authority refuses to authorize a rectification under Rule 91.1, the International Bureau shall, upon request submitted to it by the applicant within two months from the date of the refusal, and subject to the payment of a special fee whose amount shall be fixed in the Administrative Instructions, publish the request for rectification, the reasons for refusal by the authority and any further brief comments that may be submitted by the applicant, if possible together with the international application. A copy of the request, reasons and comments (if any) shall if possible be included in the communication under Article 20 where the international application is not published by virtue of Article 64(3).

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingCompetent Authority for Rectification
StatutoryInformativeAlways
[mpep-1836-2d712c6d5b848d4e1332b96a]
Rectifications Must Be Authorized by International Bureau
Note:
Rectifications to papers submitted to the International Bureau other than the international application or its amendments must be authorized.

Rectifications must be authorized:

(D) by 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.

Jump to MPEP SourceArticle 19 Amendment ScopeObvious MistakesPCT Article 19 Amendments
Topic

Statement Under Article 19

2 rules
StatutoryInformativeAlways
[mpep-1836-2341f41f75720ee20f559c3a]
Date of Submission for Mistaken Documents
Note:
The date on which a mistaken document, including corrections or amendments to the international application, was submitted is considered the applicable date.

(f) The applicable date for the purposes of paragraphs (c) and (e) shall be:

(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—the date on which the document was submitted.

Jump to MPEP SourceStatement Under Article 19Obvious MistakesPCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1836-e9174a94dd13e6a063648047]
Rectification of Mistakes in Documents Other Than International Application as Filed
Note:
Where an obvious mistake has been rectified, the correction is effective from the date the document was submitted.

(c) Where the rectification of an obvious mistake has been authorized, it shall be effective:

(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.

Jump to MPEP SourceStatement Under Article 19Obvious MistakesPCT Article 19 Amendments
Topic

Obvious Mistakes

2 rules
StatutoryProhibitedAlways
[mpep-1836-b43431e3f14d7a45fa296f11]
Mistakes Not Rectifiable Under Rule 1836(g)
Note:
This rule outlines specific types of mistakes that cannot be corrected in an international application, including omissions in essential elements or sheets, errors in the abstract, amendments under Article 19, and priority claims affecting the priority date.
(g) A mistake shall not be rectifiable under this Rule if:
  • (i) the mistake lies in the omission of one or more entire elements of the international application referred to in Article 3(2) or one or more entire sheets of the international application;
  • (ii) the mistake is in the abstract;
  • (iii) the mistake is in an amendment under Article 19, unless the International Preliminary Examining Authority is competent to authorize the rectification of such mistake under paragraph (b)(iii); or
  • (iv) the mistake is in a priority claim or in a notice correcting or adding a priority claim under Rule 26 bis.1(a), where the rectification of the mistake would cause a change in the priority date; provided that this paragraph shall not affect the operation of Rules 20.4, 20.5, 26bis and 38.3.
Jump to MPEP SourceObvious MistakesPCT Rectification of MistakesStatement Under Article 19
MPEP GuidancePermittedAlways
[mpep-1836-532220bfae8828e606416a69]
Obvious Mistakes May Be Corrected If Requested
Note:
An obvious mistake in the international application or another document submitted by the applicant may be rectified if the applicant requests it.

(a) An obvious mistake in the international application or another document submitted by the applicant may be rectified in accordance with this Rule if the applicant so requests.

Jump to MPEP SourceObvious MistakesPCT Rectification of MistakesPatent Cooperation Treaty
Topic

Receiving Office (RO/US)

1 rules
StatutoryRequiredAlways
[mpep-1836-f621115bde5a1bed0b91868a]
Competent Authority Must Consider International Application Contents and Corrections
Note:
The competent authority must base their decision on the contents of the international application, any corrections made, and related documents submitted with the request.

(e) In the case of a mistake in the request part of the international application or a correction thereof, or in a document referred to in paragraph (b)(iv), the competent authority shall, for the purposes of paragraph (c), only take into account the contents of the international application itself and, where applicable, the correction concerned, or the document referred to in paragraph (b)(iv), together with any other document submitted with the request, correction or document, as the case may be, any priority document in respect of the international application that is available to the authority in accordance with the Administrative Instructions, and any other document contained in the authority’s international application file at the applicable date under paragraph (f).

Jump to MPEP SourceReceiving Office (RO/US)Competent Authority for RectificationObvious Mistakes
Topic

Priority and Benefit Claims

1 rules
StatutoryProhibitedAlways
[mpep-1836-9eb817feb9d547d453e8b271]
Mistake in Priority Claim Not Rectifiable If Changes Date
Note:
A mistake in a priority claim or notice cannot be corrected if it would change the priority date, but this does not affect rules for rectifying other types of mistakes.

(g) A mistake shall not be rectifiable under this Rule if:

(iv) the mistake is in a priority claim or in a notice correcting or adding a priority claim under Rule 26 bis.1(a), where the rectification of the mistake would cause a change in the priority date; provided that this paragraph shall not affect the operation of Rules 20.4, 20.5, 26bis and 38.3.

Jump to MPEP SourcePriority and Benefit ClaimsObviousness
Topic

Request Content and Form

1 rules
StatutoryRequiredAlways
[mpep-1836-602b1a12ad47af130cc7d429]
Request, Reasons, and Comments Must Be Included in Communication When Application Not Published
Note:
When an international application is not published under Article 64(3), the International Bureau must include a copy of the request, reasons for refusal, and any comments submitted by the applicant in the communication under Article 20.

(d) Where the competent authority refuses to authorize a rectification under Rule 91.1, the International Bureau shall, upon request submitted to it by the applicant within two months from the date of the refusal, and subject to the payment of a special fee whose amount shall be fixed in the Administrative Instructions, publish the request for rectification, the reasons for refusal by the authority and any further brief comments that may be submitted by the applicant, if possible together with the international application. A copy of the request, reasons and comments (if any) shall if possible be included in the communication under Article 20 where the international application is not published by virtue of Article 64(3).

Jump to MPEP SourceRequest Content and FormPCT International Application FilingPCT Request Form
Topic

Period for Reply (37 CFR 1.134)

1 rules
StatutoryRequiredAlways
[mpep-1836-2f7bb764cc1896fe9a90ed5b]
Designated Office May Not Disregard Rectification Without Reasonable Notice
Note:
A designated office may not disregard a rectification authorized under Rule 91.1 unless it would not have authorized the rectification, and must give the applicant reasonable time to respond.

(f) A designated Office may disregard a rectification that was authorized under Rule 91.1 only if it finds that it would not have authorized the rectification under Rule 91.1 if it had been the competent authority, provided that no designated Office shall disregard any rectification that was authorized under Rule 91.1 without giving the applicant the opportunity to make observations, within a time limit which shall be reasonable under the circumstances, on the Office’s intention to disregard the rectification.

Jump to MPEP SourcePeriod for Reply (37 CFR 1.134)
Topic

Article 19 Amendment Timing

1 rules
StatutoryRequiredAlways
[mpep-1836-c0ceb77a1e5b499131a52461]
Obvious Mistakes Can Be Corrected Without Fee
Note:
Mistakes in the international application can generally be corrected if authorized within the time limit, but not for omitted sheets or priority claims that change priority.

Obvious mistakes in the international application or other papers submitted by the applicant may generally be rectified under PCT Rule 91, if the rectification is authorized, as required, within the applicable time limit. Any such rectification is free of charge. The omission of entire sheets of the international application cannot be rectified under PCT Rule 91. Correction of such mistakes may only be made in accordance with PCT Rule 20.6. Mistakes in the abstract, in amendments under PCT Article 19 (unless the International Preliminary Examining Authority is competent to authorize the rectification under PCT Rule 91.1(b)(iii)), or in a priority claim or in a notice correcting or adding a priority claim where the rectification would cause a change in the priority, also cannot be rectified under PCT Rule 91.

Jump to MPEP SourceArticle 19 Amendment TimingCompetent Authority for RectificationObvious Mistakes
Topic

PCT International Application Filing

1 rules
StatutoryProhibitedAlways
[mpep-1836-c4db011ac35f3452a9b3ccc8]
Correction of Omitted Sheets Requires PCT Rule 20.6
Note:
Mistakes involving the omission of entire sheets in an international application can only be corrected according to PCT Rule 20.6, not through PCT Rule 91.

Obvious mistakes in the international application or other papers submitted by the applicant may generally be rectified under PCT Rule 91, if the rectification is authorized, as required, within the applicable time limit. Any such rectification is free of charge. The omission of entire sheets of the international application cannot be rectified under PCT Rule 91. Correction of such mistakes may only be made in accordance with PCT Rule 20.6. Mistakes in the abstract, in amendments under PCT Article 19 (unless the International Preliminary Examining Authority is competent to authorize the rectification under PCT Rule 91.1(b)(iii)), or in a priority claim or in a notice correcting or adding a priority claim where the rectification would cause a change in the priority, also cannot be rectified under PCT Rule 91.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation TreatyEffect of International Filing
Topic

Effect of International Filing

1 rules
StatutoryRequiredAlways
[mpep-1836-4e182b4a12823c67636e36d4]
Authorization for Rectifications Required
Note:
Mistakes in the international application must be authorized by specific offices depending on the type of mistake and stage of examination.
Rectifications must be authorized:
  • (A) by the Receiving Office if the mistake is in the request;
  • (B) by the International Searching Authority if the mistake is in the description, claims, or drawings or in a correction thereof or in any paper submitted to that Authority, unless the International Preliminary Examining Authority is competent;
  • (C) by the International Preliminary Examining Authority if the mistake is in the description, claims, or drawings or in a correction thereof, or in an amendment under Article 19 or 34, or in any paper submitted to that Authority, where a demand for Chapter II examination has been filed and has not been withdrawn and the date on which international preliminary examination shall start in accordance with PCT Rule 69.1 has passed;
  • (D) by 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.
Jump to MPEP SourceEffect of International FilingPCT Rectification of MistakesArticle 19 Amendment Scope

Citations

Primary topicCitation
Article 19 Amendment Timing
Competent Authority for Rectification
PCT International Application Filing
PCT Article 19
Article 19 Amendment Timing
Competent Authority for Rectification
PCT International Application Filing
PCT Rule 20.6
Effect of International FilingPCT Rule 69.1
Article 19 Amendment Timing
Competent Authority for Rectification
PCT International Application Filing
PCT Rule 91

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31