MPEP § 1876.01 — Request for Rectification and Notification of Action Thereon (Annotated Rules)
§1876.01 Request for Rectification and Notification of Action Thereon
This page consolidates and annotates all enforceable requirements under MPEP § 1876.01, 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.
Request for Rectification and Notification of Action Thereon
This section addresses Request for Rectification and Notification of Action Thereon. Contains: 1 requirement, 2 guidance statements, and 1 other statement.
Key Rules
Article 19 Amendment Scope
The rectification of obvious mistakes is governed by PCT Rule 91. PCT Administrative Instructions Section 325 provides instructions for the processing of rectifications of obvious mistakes by the receiving Office; PCT Administrative Instructions Sections 413 and 413bis provide instructions for the processing of rectifications of obvious mistakes by the International Bureau; PCT Administrative Instructions Section 511 provides instructions for the processing of rectifications of obvious mistakes by the International Searching Authority; and PCT Administrative Instructions Section 607 provides instructions for the processing of rectifications of obvious mistakes by the International Preliminary Examining Authority.
If the applicant requests rectification of any obvious mistakes in the description, claims, or drawings, or in a correction thereon, or in an amendment under Article 19 or 34, the International Preliminary Examining Authority should notify applicant whether the rectification is authorized or refused using Form PCT/IPEA/412. Any rectification offered to the international preliminary examining authority must be in the form of a replacement sheet embodying the rectification and the letter accompanying the replacement sheet must draw attention to the differences between the replaced sheet and the replacement sheet.
If the applicant requests rectification of any obvious mistakes in the description, claims, or drawings, or in a correction thereon, or in an amendment under Article 19 or 34, the International Preliminary Examining Authority should notify applicant whether the rectification is authorized or refused using Form PCT/IPEA/412. Any rectification offered to the international preliminary examining authority must be in the form of a replacement sheet embodying the rectification and the letter accompanying the replacement sheet must draw attention to the differences between the replaced sheet and the replacement sheet.
International Preliminary Examining Authority (IPEA)
The International Preliminary Examining Authority, after fully considering applicant’s request for rectification of an obvious mistake, will notify applicant of the action taken on Form PCT/IPEA/412. Since the space provided is limited, supplemental sheet(s) should be incorporated whenever necessary.
The International Preliminary Examining Authority, after fully considering applicant’s request for rectification of an obvious mistake, will notify applicant of the action taken on Form PCT/IPEA/412. Since the space provided is limited, supplemental sheet(s) should be incorporated whenever necessary.
Competent Authority for Rectification
Citations
| Primary topic | Citation |
|---|---|
| Article 19 Amendment Scope Competent Authority for Rectification | PCT Administrative Instructions Section 325 |
| Article 19 Amendment Scope Competent Authority for Rectification | PCT Administrative Instructions Section 511 |
| Article 19 Amendment Scope Competent Authority for Rectification | PCT Administrative Instructions Section 607 |
| Article 19 Amendment Scope Competent Authority for Rectification | 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.
Official MPEP § 1876.01 — Request for Rectification and Notification of Action Thereon
Source: USPTO1876.01 Request for Rectification and Notification of Action Thereon [R-07.2015]
I. NOTIFICATION OF DECISION CONCERNING REQUEST FOR RECTIFICATIONThe rectification of obvious mistakes is governed by PCT Rule 91. PCT Administrative Instructions Section 325 provides instructions for the processing of rectifications of obvious mistakes by the receiving Office; PCT Administrative Instructions Sections 413 and 413bis provide instructions for the processing of rectifications of obvious mistakes by the International Bureau; PCT Administrative Instructions Section 511 provides instructions for the processing of rectifications of obvious mistakes by the International Searching Authority; and PCT Administrative Instructions Section 607 provides instructions for the processing of rectifications of obvious mistakes by the International Preliminary Examining Authority.
II. NOTIFICATIONIf the applicant requests rectification of any obvious mistakes in the description, claims, or drawings, or in a correction thereon, or in an amendment under Article 19 or 34, the International Preliminary Examining Authority should notify applicant whether the rectification is authorized or refused using Form PCT/IPEA/412. Any rectification offered to the international preliminary examining authority must be in the form of a replacement sheet embodying the rectification and the letter accompanying the replacement sheet must draw attention to the differences between the replaced sheet and the replacement sheet.
The International Preliminary Examining Authority, after fully considering applicant’s request for rectification of an obvious mistake, will notify applicant of the action taken on Form PCT/IPEA/412. Since the space provided is limited, supplemental sheet(s) should be incorporated whenever necessary.