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 to the description, claims, or drawings or in a correction or amendment thereof.”
The rectification must be obvious based on the contents of the international application itself and any other documents submitted with it. The competent authority will only consider the information available in the application file at the applicable date when determining if a mistake is obvious and rectifiable.
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