How are Article 34 amendments handled in the US national stage application?

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.

Article 34 amendments made during the international preliminary examination phase are handled as follows in the US national stage application:

• The amendments are annexed to the international preliminary examination report (IPER) by the International Preliminary Examining Authority.
• If the annexes are in English, they will normally be entered into the US national stage application unless the applicant instructs otherwise.
• If the annexes are in a foreign language, a proper English translation must be furnished within the time limits set by the USPTO.
• Amendments not timely received will be considered canceled.

As stated in MPEP 1893.01(a)(3): “If these annexes are in English, they will normally be entered into the U.S. national stage application by the Office absent a clear instruction by the applicant that the annexes are not to be entered.”