PCT Rule 52 — Amendment of the Claims, the Description (MPEP Index) – BlueIron IP
PCT Rule 52 Amendment of the Claims, the Description, and the Drawings,
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 52, including 10 rules 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.
Summary
This section outlines the requirements for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit, including amendments to claims, description, and drawings within the 30-month time limit.
What this section covers
- The section covers amendments to claims, description, and drawings during the PCT national stage entry process.
Key obligations
- File a written notice of appeal with the U.S. Patent and Trademark Office.
- File the notice of appeal within the 30-month time limit.
Practice notes
- Ensure all amendments to claims, description, and drawings are properly filed with the notice of appeal.
- Avoid missing the deadline for filing the notice of appeal to avoid losing the right to appeal.
Official MPEP § 52 — Amendment of the Claims, the Description, and the Drawings,
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 52 Amendment of the Claims, the Description, and the Drawings, before Designated Offices
52.1 Time Limit
- (a) In any designated State in which processing or examination starts without special request, the applicant shall, if he so wishes, exercise the right under Article 28 within one month from the fulfillment of the requirements under Article 22 , provided that, if the communication under Rule 47.1 has not been effected by the expiration of the time limit applicable under Article 22 , he shall exercise the said right not later than four months after such expiration date. In either case, the applicant may exercise the said right at any later time if so permitted by the national law of the said State.
- (b) In any designated State in which the national law provides that examination starts only on special request, the time limit within or the time at which the applicant may exercise the right under Article 28 shall be the same as that provided by the national law for the filing of amendments in the case of the examination, on special request, of national applications, provided that such time limit shall not expire prior to, or such time shall not come before, the expiration of the time limit applicable under paragraph (a).
- Appeals
- Appeal Notice
-
- Pct Filing
- Pct International Preliminary Examination
- Pct National Stage Entry
| MPEP Section | Rules |
|---|---|
| MPEP § 1216.01 | |
| MPEP § 1801 | |
| MPEP § 1893.01(a) |