First, you need to determine which file is wrong.
If the 501 form is filled out incorrectly and the application documents are submitted correctly, the 501 form can be corrected by making corrections.
If the 501 form is filled out correctly but the application documents are submitted incorrectly, it is a big mistake. If you are trying to treat a dead horse as a live doctor, you can try the following countermeasures:
1) Check whether it is still within the 32-month period from the PCT application date (the priority date is the priority date),
If so, submit the correct application documents immediately. If it is more than 30 months but less than 32 months, you will have to pay a grace fee.
2) Check whether there is any similarity between the wrong document and the correct document. If the instructions are very similar and the claims are inconsistent, you can go through the translation correction procedure to correct the instructions (it may not work, it depends on the degree of similarity). It depends on luck), take the initiative to modify the procedure to correct the claim.
“During the examination process, it often occurs that the translation of the application documents submitted by the applicant is incorrect or incomplete. If the translated text only contains individual terms, individual sentences or individual terms compared with the original text transmitted by the International Bureau, If a paragraph is missing or inaccurate, the applicant may go through the procedures for correcting the translation error. In addition to submitting the correction page, the applicant must also submit a written request for correction of the translation error and pay the prescribed translation error correction fee.
Special attention should be paid to the fact that if the translated text is obviously inconsistent with the original text, the translation will not be used as the basis for determining the entry date. ”
3) If there is evidence to prove that the delay is caused by force majeure (i.e., Paragraph 6 of the Rules). 1), go through the rights restoration procedure and resubmit (theoretically it is possible, but my personal experience is limited and I have never seen any successful examples).
“If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of its rights, within 2 months from the date when the obstacle is eliminated, Within 2 years from the expiration date at the latest, you may request the patent administration department of the State Council to restore your rights."
4) Check whether your unit is qualified for error recovery. If so, you can apply for error recovery.