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ARTICLE · 22 FEBRUARY 2018

Q&A: Fixing Errors And Making Changes In A PCT Application's Japan National Phase

As we say in Japan, "Even monkeys fall from trees." Even expert inventors, applicants, writers, and agents can make errors in their patent documents.

JapanIntellectual Property

As we say in Japan, "Even monkeys fall from trees." Even expert inventors, applicants, writers, and agents can make errors in their patent documents. Clients have approached us concerning various errors made in their PCT international patent applications, wondering what they can do to correct errors for the Japanese national phase entry.

Do we really need a separate Amendment to file corrections?

Yes. In order to correct something in the PCT application when or after bringing it into the Japanese national phase, one must file a proper Amendment. You should not insert a correct version by only adjusting the translation of the PCT application.

This is because the PCT international application is a binding application considered to be continued in the national phase(s). The national phases of it are not considered new applications where things can be tweaked, but merely the same application translated into one of the accepted languages of the national phase. A

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