We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.17.3 OPI Notified by Error

Date Published

Where examiners become aware that a specification was notified as OPI by error, this should be brought to the attention of COG. If only a short period of time has elapsed since the erroneous notification took place, then provided copies of the specification have not been prepared and located where members of the public could have accessed them, the error may possibly be rectifiable by way of a corrigendum in the Official Journal. However, if publication has in fact occurred, then it is irreversible, irrespective of the notification in the Official Journal having been entered in error.

Where a specification which has been notified as OPI in error could be used as a citation subject to having in fact become OPI on the date of the notification, examiners, on referring the matter to COG, should ask to be advised as soon as a determination is made as to whether a corrigendum is to be prepared. No examination report should be issued pending advice on the determination.

Back to top