What is the difference between obvious and non-obvious mistakes in international patent applications?
The MPEP 1876 distinguishes between obvious and non-obvious mistakes in international patent applications:
- Obvious mistakes are addressed using Form PCT/IPEA/411.
- Non-obvious mistakes are handled differently: “Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.”
This distinction is important because it affects how examiners communicate with applicants about different types of errors. Obvious mistakes are those that are clearly apparent and can be rectified easily, while non-obvious mistakes may require more explanation or discussion.
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