Amendments and Patent Duration

Question 1

According to the MoPP, what kind of corrections is s.117 concerned with?

Answer 1

• This section is concerned with the correction of errors in specifications and in other documents filed in connection with patents and applications.
• Prescribed conditions are set out in r.105.
• s. 117 is not concerned with procedural errors or omissions, which are the province of r.107

Question 2

Under r.105, how should the request for a correction in patents and applications be made?

Answer 2

• Must be made in writing and identify the proposed correction.
• The comptroller may require the person requesting a correction to produce a copy of the document indicating the correction.
• The correction must is obvious (meaning that it is immediately evident that nothing else could have been intended in the original specification).

Question 3

What is the test for telling if an error is obvious?

Answer 3

MoPP 117.07

• is it clear that there is an error, and
• if so, is it clear what is now offered is what was originally intended?

Question 4

How can the name, address or address for service be corrected?

Answer 4

• A request to correct a name must be made on Patents Form 20
• Patent Form 20 can also be used to update a name or address (such as a change in the applicant’s name or when the applicant has moved addresses).
• Correction of an address or an address for service must be made by means of any suitable written notification
• The Comptroller may require evidence of error