How can mistakes in PCT application drawings be rectified?
The process for rectifying mistakes in PCT application drawings is outlined in MPEP 1825 and MPEP 1836. Key points to note are:
- Obvious mistakes in drawings can be rectified without affecting the international filing date, with some exceptions.
- The omission of an entire sheet of drawings generally cannot be rectified without affecting the filing date.
- For applications filed on or after April 1, 2007, if certain conditions are met, the original filing date may be retained even when submitting a missing sheet.
The MPEP states: “The procedure for rectification of obvious mistakes in the drawings is explained in MPEP § 1836. The omission of an entire sheet of drawings cannot be rectified without affecting the international filing date, except in applications filed on or after April 1, 2007, where, if the application, on its initial receipt date, contained a priority claim and a proper incorporation by reference statement, the original international filing date may be retained if the submitted correction was completely contained in the earlier application.“
It’s important to note that rectifications of obvious mistakes are not considered amendments. Amendments to drawings can only be made during the international phase if the applicant files a Demand for international preliminary examination, or during the national phase.
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