5.7.5 Amendments to correct a clerical error or obvious mistake

Also in this Chapter:

• 5.7.1 What can be amended and when?;
• 5.7.2 Amendment of the patent request and other filed documents;
• 5.7.3 Amendment of a provisional application;
• 5.7.4 Amendments to the specification;
• ​​​​​​​5.7.6 Amendments relating to micro-organisms;
• 5.7.7 Amendments during opposition proceedings.

Sub-chapters:

• 5.7.5.1 Definition of clerical error
• 5.7.5.2 Definition of obvious mistake
• 5.7.5.3 Evidence required to prove a clerical error or obvious mistake

Key Legislation:

Patents Act:

• s102(3) ​​​​​​​What amendments are not allowable? 

Under s102(3), the allowability requirements of s102 do not apply if the amendment is for the purpose of correcting a clerical error or an obvious mistake.

The clerical error or obvious mistake does not have to occur in the complete specification, it may simply relate to the complete specification. For example, if a clerical error or obvious mistake occurred in preparing a provisional specification or instructing letter, and that error or mistake carried over to the specification, then the provisions of s102(3) may apply. The onus will be on the applicant or patentee to establish that a clerical error or obvious mistake has occurred.