MPEP § 1876 — MPEP § 1876
Current through: 2022-07-01

1876-Notation of Errors and Informalities by the Examiner 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1800 

 Section 1876 
 

 
 
 
 
 
 1876 Notation of Errors and Informalities by the Examiner [R-07.2015]

 
 PCT Administrative Instructions Section 607 

 Rectifications of Obvious Mistakes under
 Rule 91 

 
 (a) Where the International Preliminary Examining
 Authority authorizes a rectification of an obvious mistake under
 Rule
 91 , it shall:
 
 (i) indelibly mark, in the upper
 right-hand corner of each replacement sheet, the international
 application number and the date on which that sheet was
 received;
 

 
 
 (ii) indelibly mark, in the middle of the
 bottom margin of each replacement sheet, the words “RECTIFIED SHEET
 (RULE 91)” or their equivalent in the language of the demand as well
 as an indication of the International Preliminary Examining
 Authority as provided for in Section 107(b);
 

 (iii) indelibly mark on the letter
 containing the rectification or accompanying any replacement sheet
 the date on which that letter was received;
 

 (iv) keep in its files a copy of the letter
 containing the rectification or, when the rectification is contained
 in a replacement sheet, the replaced sheet, a copy of the letter
 accompanying the replacement sheet and a copy of the replacement
 sheet;
 

 (v) annex to the copy of the international
 preliminary examination report which is transmitted to the
 International Bureau any replacement sheet and any letter as
 provided for under Rule 70.16 ;
 

 (vi) annex to the copy of the international
 preliminary examination report which is transmitted to the applicant
 a copy of each replacement sheet and any letter as provided for
 under Rule 70.16 .
 

 
 

 (b) Where the rectification of an obvious mistake
 is not taken into account by the International Preliminary Examining
 Authority pursuant to Rule 66.4bis , and the Authority so indicates in the international
 preliminary examination report in accordance with Rule
 70.2(e) , it shall proceed as indicated under
 paragraph (a), provided that the words “RECTIFIED SHEET (RULE 91) – NOT
 CONSIDERED FOR REPORT (Rule 66.4 bis )” shall be used when
 marking in accordance with paragraph (a)(ii).
 

 (c) Where the rectification of an obvious mistake
 is not taken into account by the International Preliminary Examining
 Authority pursuant to Rule 66.4bis , and the Authority is not able to so indicate in the
 international preliminary examination report in accordance with the second
 sentence of Rule 70.2(e) , it shall
 proceed as indicated under paragraph (a)(i) to (iv) and forward any
 replacement sheet and any letter containing the rectification or
 accompanying any replacement sheet to the International Bureau. The
 International Bureau will promptly notify the elected Offices
 accordingly.
 

 
 

 Although the examiner is not responsible for discovering mistakes in the
 international application, if any mistakes come to the attention of the examiner, they
 may be noted and called to the applicant’s attention. The examiner may invite applicant
 to rectify obvious mistakes using Form PCT/IPEA/411. Mistakes that are not obvious may
 be called to applicant’s attention in Box VII of PCT/IPEA/408.
 

 AUTHORIZED OFFICER Form PCT/IPEA/408 and Form PCT/IPEA/411 must be signed by an
 examiner having at least partial signatory authority.
 

 
 1876.01 Request for Rectification and Notification of Action
 Thereon [R-07.2015]
 
 I. NOTIFICATION OF DECISION CONCERNING REQUEST FOR RECTIFICATION The rectification of obvious mistakes is governed by
 PCT Rule
 91 . PCT Administrative Instructions Section
 325 provides instructions for the processing of
 rectifications of obvious mistakes by the receiving Office; PCT Administrative
 Instructions Sections 413 and 413bis provide instructions for the
 processing of rectifications of obvious mistakes by the International Bureau;
 PCT Administrative Instructions Section 511 provides instructions
 for the processing of rectifications of obvious mistakes by the International
 Searching Authority; and PCT Administrative Instructions Section
 607 provides instructions for the processing of
 rectifications of obvious mistakes by the International Preliminary Examining
 Authority.
 

 II. NOTIFICATION If the applicant requests rectification of any obvious mistakes
 in the description, claims, or drawings, or in a correction thereon, or in an
 amendment under Article 19 or
 34 , the International Preliminary Examining Authority
 should notify applicant whether the rectification is authorized or refused using
 Form PCT/IPEA/412. Any rectification offered to the international preliminary
 examining authority must be in the form of a replacement sheet embodying the
 rectification and the letter accompanying the replacement sheet must draw
 attention to the differences between the replaced sheet and the replacement
 sheet.
 

 The International Preliminary Examining Authority, after fully
 considering applicant’s request for rectification of an obvious mistake, will
 notify applicant of the action taken on Form PCT/IPEA/412. Since the space
 provided is limited, supplemental sheet(s) should be incorporated whenever
 necessary.
 

 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:29