How are amendments made during the international phase handled in U.S. national stage applications?
Amendments made during the international phase are handled as follows in U.S. national stage applications:
- Amendments are included as annexes to the International Preliminary Examination Report (IPER).
- Different versions of the description, claims, and drawings may be present in the national stage application file due to extensive amendments.
- The IPER’s Box No. I “Basis of the report” indicates which pages were considered in the report.
- Replacement sheets are marked with the international application number and receipt date.
- Specific markings indicate the type of amendment:
- “SUBSTITUTE SHEET” for format changes
- “RECTIFIED SHEET (RULE 91)” for obvious error corrections
- “INCORPORATED BY REFERENCE (RULE 20.6)” for incorporated sheets
- “AMENDED SHEET (Article 19)” for claim amendments submitted to the International Bureau
- “AMENDED SHEET” for Article 34 amendments submitted to the IPEA
The MPEP notes: “Using the IPER as a roadmap of what happened during Chapter II examination will help determine which version should be examined.“
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