S.L. 417.1 Art. 37Request for correction of a mistake.

(1) Where an application, a patent or any request communicated to the Office in respect of an application or a patent contains a mistake, not related to search or substantive examination, which is correctable by the Office under the Act, the Office shall accept that a request for correction of that mistake in the records and publications of the Office be made in a communication to the Office signed by the applicant or owner and containing the following indications:

(a) an indication to the effect that a correction of mistake is requested;

(b) the number of the application or patent concerned;

(c) the mistake to be corrected;

(d) the correction to be made;

(e) the name and address of the requesting party.

(2) The request shall be accompanied by a replacement part or part incorporating the correction or, where subregulation (5) applies, by such a replacement part or part incorporating the correction for each application and patent to which the request relates.

(3) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith and without undue or intentional delay, following the discovery of the mistake.

(4) A fee in accordance with the Schedule shall be payable in respect of requests made under subregulation (1).

(5) The Office shall correct its own mistakes, ex officio or upon request, for no fee.

(6) A single request shall be sufficient even where the correction of the mistake relates to more than one application or patent of the same person, or to one or more applications and one or more patents of the same person, provided that the mistake and the requested correction are the same for all applications and patents concerned, and the numbers of all applications and patents concerned are indicated in the request.

(7) W]ere that single request is filed on paper or as otherwise permitted by the Office under regulation 29, a separate copy thereof shall be filed for each application and patent to which it relates.

(8) Where one or more of the requirements under subregulations (1) to (5) are not complied with, the Office shall invite the applicant or owner to comply with any such requirement and to make observations within two months from the date of the invitation.

(9) Where one or more of the requirements under subregulations (1) to (5) are not complied with within two months from the date of the invitation or, where indications allowing the Office to contact the person who made the request have not been filed, within three months from the date on which that request was received by the Office, the request shall be refused.