Can applicants choose not to enter Article 19 Amendments in the U.S. national stage?

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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. Yes, applicants can choose not to enter Article 19 Amendments in the U.S. national stage. The USPTO provides a specific mechanism for this purpose. According to MPEP 1893.01(a)(2) : “The “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371″ (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box by which the applicant may expressly instruct the U.S. Designated/Elected Office not to enter the Article 19 amendment(s) in the United States national stage application.” This option allows applicants to have greater control over which amendments are entered into their U.S. national stage application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Identification of U.S. National Stage Application MPEP 1893.03(a) Entry via U.S. Designated or Elected Office MPEP 1893.01(a) National Stage Application Timing and Art Status MPEP 1893 Canceled Article 19 Amendments Must Be Resubmitted MPEP 1893.01(a)(2) Required Functions of U.S. Designated Office for International Applications MPEP 1893.01(a) National Stage Commences After PCT Time Limits MPEP 1893.01 Required National Stage Commences After Time Limit MPEP 1893.01 Required Four Types of U.S. National Applications Defined MPEP 1893 Prior Art Known Before National Stage Begins MPEP 1893 National Stage Commences After PCT Time Limits MPEP 1893.01 Required Other Related FAQs 5 FAQs Collapse What is the significance of the 30-month time limit for national stage entry? What should applicants do if their pre-July 1, 2009 Article 19 Amendments were not entered correctly? What are the requirements for amending claims in a US national st...