How can defects in a PCT Demand be corrected?
Defects in a PCT Demand can be corrected following an invitation from the International Preliminary Examining Authority (IPEA). According to MPEP 1868:
“If the demand does not comply with the requirements specified in Rules 53.1, 53.2(a)(i) to (iii), 53.2(b), 53.3 to 53.8 and 55.1, the International Preliminary Examining Authority shall invite the applicant to correct the defects within a time limit which shall be reasonable under the circumstances.”
The time limit for correction is typically not less than one month from the date of the invitation and may be extended by the IPEA. If the applicant complies with the invitation within the given time limit, the demand is considered as if it had been received on the actual filing date, provided that the original demand allowed for the identification of the international application.
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