What are the guidelines for processing amendments filed under Articles 19 and 34 of the PCT?
The MPEP provides specific guidelines for processing amendments filed under Articles 19 and 34 of the PCT. Key points include:
- Any argument or amendment complying with 37 CFR 1.485 will be considered.
- Amendments filed after the demand but before the expiration of the applicable time limit under PCT Rule 54bis.1(a) will be considered.
- Amendments filed before the application is docketed to the examiner will be considered.
- Amendments filed after docketing may be considered at the examiner’s discretion.
- Late-filed amendments may be considered in certain situations, especially if it would result in a favorable report.
The MPEP states: “It is expected, due to the relatively short time period for completion of preliminary examination, that the Chapter II application will be taken up promptly after docketing to the examiner for preparation of either a further written opinion, if necessary, or the international preliminary examination report (Form PCT/IPEA/409).“
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