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…

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Can 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…

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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…

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