PCT Rule 86 — The Gazette (MPEP Coverage Index) – BlueIron IP
PCT Rule 86 The Gazette
This page consolidates MPEP guidance interpreting PCT Rule 86, including 9 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
The Gazette outlines the 2-month period during which applicants can amend their claims after receiving an international search report and provide a brief explanation for any changes.
What this section covers
- This section covers the amendment period following an international search report in PCT.
Key obligations
- Applicants have 2 months to amend claims after receiving the international search report.
- A brief statement explaining the amendments must be filed within this period.
Practice notes
- Filing amendments promptly within the 2-month period is crucial to avoid missing this critical opportunity.
- Avoid filing amendments without a clear explanation, as it may be seen as an attempt to evade the search report.
Official MPEP § 86 — The Gazette
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 86 The Gazette
86.1 Contents
The Gazette referred to in Article 55(4) shall contain:
- (i) for each published international application, the data specified by the Administrative Instructions taken from the front page of the publication of the international application, the drawing (if any) appearing on the said front page, and the abstract;
- (ii) the schedule of all fees payable to the receiving Offices, the International Bureau, and the International Searching and Preliminary Examining Authorities;
- (iii) notices the publication of which is required under the Treaty or these Regulations;
- (iv) information concerning events at the designated and elected Offices notified to the International Bureau under Rule 95.1 in relation to published international applications;
- (v) any other useful information prescribed by the Administrative Instructions, provided access to such information is not prohibited under the Treaty or these Regulations.
86.2 Languages; Form and Means of Publication; Timing
- (a) The Gazette shall be published in English and French at the same time. The translations shall be ensured by the International Bureau in English and French.
- (b) The Assembly may order the publication of the Gazette in languages other than those referred to in paragraph (a).
- (c) The form in which and the means by which the Gazette is published shall be governed by the Administrative Instructions.
- (d) The International Bureau shall ensure that, for each published international application, the information referred to in Rule 86.1(i) is published in the Gazette on, or as soon as possible after, the date of publication of the international application.
86.3 Frequency
The frequency of publication of the Gazette shall be determined by the Director General.
86.4 Sale
The subscription and other sale prices of the Gazette shall be determined by the Director General.
86.6 Further Details
Further details concerning the Gazette may be provided for in the Administrative Instructions.
- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Pct International Search
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 |