General Comments

Date Published

Under sec 102(3), the allowability requirements of sec 102 do not apply if the amendment is for the purpose of correcting a clerical error or an obvious mistake made in, or in relation to, a complete specification.  

The clerical error or obvious mistake need not be in the complete specification, but may simply be in relation to the complete specification. Thus, if in preparing an earlier document, for example a provisional specification or instructing letter, a clerical error or obvious mistake occurred and that error or mistake carried over to a specification prepared on the basis of the earlier document, then the provisions of sec 102(3) may apply. The onus will be on the applicant or patentee to establish that a clerical error or obvious mistake has occurred.