PA 117 – Correction of errors

Question 1

What does S117 concern

Answer 1

Correction of Errors in Patents and Applications

Question 2

What errors can be corrected

Answer 2

S117(1)
Subject to the rules, the Comptroller may correct errors in translation or copying, or other clerical errors or mistakes in the patent specification OR ANY associated documents and forms

Question 3

Who can oppose a correction

Answer 3

S117(2)
Any person may oppose a requested correction

Question 4

When will the Comptroller publish a request for correction

Answer 4

S117(3)
When related to an erroneous WITHDRAWAL AND
the application has been published, and
the withdrawal has been publish
the Comptroller will also publish the request for correction

Question 5

When can the Comptroller correct an erroneous WITHDRAWAL

Answer 5

S117(4)
They can only correct an error under S117(1) by ORDER (i.e. a direction other than a judgement)

Question 6

What does R107 concern

Answer 6

Correction of irregularitites

Question 7

What irregularities can the Comptroller correct

Answer 7

R107(1)(2)
For any irregularity of procedure before the UKIPO if they think fit, subject to any conditions they consider appropriate, but
(3) extensions of due date can only be allowed if the UKIPO contributed wholly or in part to the irregularity

Question 8

how long are extensions available for under R107

Answer 8

Any length is allowed, without prejudice to the discretionary extensions separately available