MPEP § 1876 — Notation of Errors and Informalities by the Examiner (Annotated Rules)
§1876 Notation of Errors and Informalities by the Examiner
This page consolidates and annotates all enforceable requirements under MPEP § 1876, 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.
Notation of Errors and Informalities by the Examiner
This section addresses Notation of Errors and Informalities by the Examiner. Contains: 4 requirements, 3 permissions, and 2 other statements.
Key Rules
International Preliminary Examining Authority (IPEA)
(a) Where the International Preliminary Examining Authority authorizes a rectification of an obvious mistake under Rule 91, it shall:
- (i) indelibly mark, in the upper right-hand corner of each replacement sheet, the international application number and the date on which that sheet was received;
- (ii) indelibly mark, in the middle of the bottom margin of each replacement sheet, the words “RECTIFIED SHEET (RULE 91)” or their equivalent in the language of the demand as well as an indication of the International Preliminary Examining Authority as provided for in Section 107(b);
- (iii) indelibly mark on the letter containing the rectification or accompanying any replacement sheet the date on which that letter was received;
- (iv) keep in its files a copy of the letter containing the rectification or, when the rectification is contained in a replacement sheet, the replaced sheet, a copy of the letter accompanying the replacement sheet and a copy of the replacement sheet;
- (v) annex to the copy of the international preliminary examination report which is transmitted to the International Bureau any replacement sheet and any letter as provided for under Rule 70.16;
- (vi) annex to the copy of the international preliminary examination report which is transmitted to the applicant a copy of each replacement sheet and any letter as provided for under Rule 70.16.
Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be noted and called to the applicant’s attention. The examiner may invite applicant to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.
Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be noted and called to the applicant’s attention. The examiner may invite applicant to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.
Form PCT/IPEA/408 and Form PCT/IPEA/411 must be signed by an examiner having at least partial signatory authority.
35 U.S.C. 103 – Obviousness
(a) Where the International Preliminary Examining Authority authorizes a rectification of an obvious mistake under Rule 91, it shall:
…
(vi) annex to the copy of the international preliminary examination report which is transmitted to the applicant a copy of each replacement sheet and any letter as provided for under Rule 70.16.
(b) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority so indicates in the international preliminary examination report in accordance with Rule 70.2(e), it shall proceed as indicated under paragraph (a), provided that the words “RECTIFIED SHEET (RULE 91) – NOT CONSIDERED FOR REPORT (Rule 66.4 bis)” shall be used when marking in accordance with paragraph (a)(ii).
(c) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority is not able to so indicate in the international preliminary examination report in accordance with the second sentence of Rule 70.2(e), it shall proceed as indicated under paragraph (a)(i) to (iv) and forward any replacement sheet and any letter containing the rectification or accompanying any replacement sheet to the International Bureau. The International Bureau will promptly notify the elected Offices accordingly.
(c) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority is not able to so indicate in the international preliminary examination report in accordance with the second sentence of Rule 70.2(e), it shall proceed as indicated under paragraph (a)(i) to (iv) and forward any replacement sheet and any letter containing the rectification or accompanying any replacement sheet to the International Bureau. The International Bureau will promptly notify the elected Offices accordingly.
Signature Requirements
Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be noted and called to the applicant’s attention. The examiner may invite applicant to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.
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.
Official MPEP § 1876 — Notation of Errors and Informalities by the Examiner
Source: USPTO1876 Notation of Errors and Informalities by the Examiner [R-07.2015]
PCT Administrative Instructions Section 607
Rectifications of Obvious Mistakes under Rule 91
- (a) Where the International Preliminary Examining
Authority authorizes a rectification of an obvious mistake under
Rule
91, it shall:
- (i) indelibly mark, in the upper right-hand corner of each replacement sheet, the international application number and the date on which that sheet was received;
- (ii) indelibly mark, in the middle of the bottom margin of each replacement sheet, the words “RECTIFIED SHEET (RULE 91)” or their equivalent in the language of the demand as well as an indication of the International Preliminary Examining Authority as provided for in Section 107(b);
- (iii) indelibly mark on the letter containing the rectification or accompanying any replacement sheet the date on which that letter was received;
- (iv) keep in its files a copy of the letter containing the rectification or, when the rectification is contained in a replacement sheet, the replaced sheet, a copy of the letter accompanying the replacement sheet and a copy of the replacement sheet;
- (v) annex to the copy of the international preliminary examination report which is transmitted to the International Bureau any replacement sheet and any letter as provided for under Rule 70.16;
- (vi) annex to the copy of the international preliminary examination report which is transmitted to the applicant a copy of each replacement sheet and any letter as provided for under Rule 70.16.
- (b) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority so indicates in the international preliminary examination report in accordance with Rule 70.2(e), it shall proceed as indicated under paragraph (a), provided that the words “RECTIFIED SHEET (RULE 91) – NOT CONSIDERED FOR REPORT (Rule 66.4bis)” shall be used when marking in accordance with paragraph (a)(ii).
- (c) Where the rectification of an obvious mistake is not taken into account by the International Preliminary Examining Authority pursuant to Rule 66.4bis, and the Authority is not able to so indicate in the international preliminary examination report in accordance with the second sentence of Rule 70.2(e), it shall proceed as indicated under paragraph (a)(i) to (iv) and forward any replacement sheet and any letter containing the rectification or accompanying any replacement sheet to the International Bureau. The International Bureau will promptly notify the elected Offices accordingly.
Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be noted and called to the applicant’s attention. The examiner may invite applicant to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.
AUTHORIZED OFFICERForm PCT/IPEA/408 and Form PCT/IPEA/411 must be signed by an examiner having at least partial signatory authority.