Corrections (Section 107)

7.118 Examiners will generally only be dealing with corrections to the specification, and as a consequence this section provides procedural guidance only in that regard.

7.119 Section 107 sets out the law in relation to corrections of errors:

(1) The Registrar may, subject to any provision of the rules, correct any error of translation or transcription, clerical error or mistake in any specification of a patent or application for a patent or any document filed in connection with a patent or such an application.

(2) Where the Registrar is requested to correct such an error or mistake, any person may in accordance with the rules give the Registrar notice of opposition to the request and the Registrar shall determine the matter.

7.120 Rule 91 provides for some of the procedural matters associated with Section 107. A request to correct an error should be made on Form CM47 .

7.121 Once corrected, a document is deemed always to have been in the state in which it is after the correction. Corrections are not subject to the same considerations of allowability as set out in Section 84 that apply to amendments. As a consequence, a correction can potentially result in the specification disclosing added matter or the protection conferred by the claims being extended (Rock Shing Industrial Ltd v Braun AG BL O/138/94). The implications of such changes for the public and potential competitors are quite significant, and care should be taken to ensure that all relevant considerations are taken into account. Importantly if a specification is being corrected, care should be taken to ensure that the changes are in the nature of a correction. However, once this has been established there is no impediment in relation to the allowability of the changes.

7.122 Generally, replacement sheets for rectifications of obvious errors in an international application authorized by the competent International Authority are deemed to be part of the international application as originally filed (PCT Rule 91) and will be taken into account accordingly during examination. Only in the rare case when it is found that such rectifications would not have been authorized under Rule 91 if IPOS had been the competent authority, and the applicant is given an opportunity to make observations on the intention to disregard the rectification within a reasonable time limit under the circumstances, the Examiner may disregard a rectification authorized under the PCT (PCT rule 91.3f).

7 The prescribed form under the Patents Rules in effect immediately before 14/02/2014 is Form 23.