Can PCT Article 34 amendments introduce new matter?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. PCT Article 34 amendments are subject to strict rules regarding the introduction of new matter. According to MPEP 1864.01 : “No amendment may go beyond the disclosure in the international application as filed. (PCT Article 34(2)(b)).” This means: Amendments cannot introduce new subject matter not present in the original application Any amendment must be supported by the original disclosure The International Preliminary Examining Authority (IPEA) will check for compliance with this rule Amendments that go beyond the original disclosure may be disregarded or may lead to an unfavorable report Applicants should carefully review their proposed amendments to ensure they do not introduce new matter and are fully supported by the original application as filed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Demand for International Preliminary Examination Must Be Filed on Specific Form MPEP 1864 Recommended Amendments Filed During International Preliminary Examination MPEP 1864.01 Basis for Amendment Must Refer to Original Application MPEP 1864.01 Required No Fee for Article 34(2)(b) Amendments MPEP 1864.01 Demand for International Preliminary Examination Required After Payment of Fees MPEP 1864 Required Demand Forms Required for International Preliminary Examination MPEP 1864 Demand for International Preliminary Examination Constitutes Election of Contracting States MPEP 1864 Required Demand for International Preliminary Examination After Filing PCT Application MPEP 1864 Demand for International Preliminary Examination Requires Proper Request MPEP 1864 Demand Allows Amendments to Application MPEP 1864 Other Related FAQs 5 FAQs Collapse What happens if PCT Article 34 am...