What happens if a third party requester submits improper comments in inter partes reexamination?
If a third party requester submits improper comments in inter partes reexamination, the examiner will take specific actions. The MPEP states: “If the written comments are improper, the examiner should return the written comments (the entire paper) with an explanation of what is not proper; if the comments have been scanned into the Image File…
Read MoreWhat is the process for rectifying obvious mistakes in a PCT application?
The process for rectifying obvious mistakes in a PCT application is outlined in PCT Rule 91. An applicant can request rectification of an obvious mistake in the international application or another document submitted by the applicant. The request must be submitted to the competent authority within 26 months from the priority date. As stated in…
Read MoreCan the priority document be used to support obvious mistake corrections in a PCT application?
No, the priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings in a PCT application. According to MPEP 1836: “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…
Read MoreWho 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…
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