MPEP § 1864.01 — Amendments Filed Under PCT Article 34 (Annotated Rules)

§1864.01 Amendments Filed Under PCT Article 34

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1864.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Amendments Filed Under PCT Article 34

This section addresses Amendments Filed Under PCT Article 34. Primary authority: 37 CFR 1.484(b) and 37 CFR 1.485. Contains: 12 requirements, 1 prohibition, 1 guidance statement, 4 permissions, and 1 other statement.

Key Rules

Topic

Article 19 Amendment Scope

9 rules
StatutoryRequiredAlways
[mpep-1864-01-61e4bbadeeffbedfdc639ab3]
Replacement Sheets for Amended Drawings and Descriptions Must Be Submitted
Note:
The applicant must submit replacement sheets for any amended drawings or descriptions, along with a letter highlighting the differences and explaining the basis for the amendments.

(a) Subject to paragraph (b) when amending the description or the drawings, the applicant shall be required to submit a replacement sheet for every sheet of the international application which, on account of an amendment, differs from the sheet previously filed. The replacement sheet or sheets shall be accompanied by a letter which shall draw attention to the differences between the replaced sheets and the replacement sheets, shall indicate the basis for the amendment in the application as filed and shall preferably also explain the reasons for the amendment.

Jump to MPEP SourceArticle 19 Amendment ScopeStatement Under Article 19PCT Description Requirements
StatutoryRequiredAlways
[mpep-1864-01-e7f38402ddca419224073009]
Replacement Sheets Must Accompany Letter Explaining Amendments
Note:
Applicants must submit replacement sheets with a letter that highlights differences, cites the basis for amendments in the original application and preferably explains the reasons for changes.

(a) Subject to paragraph (b) when amending the description or the drawings, the applicant shall be required to submit a replacement sheet for every sheet of the international application which, on account of an amendment, differs from the sheet previously filed. The replacement sheet or sheets shall be accompanied by a letter which shall draw attention to the differences between the replaced sheets and the replacement sheets, shall indicate the basis for the amendment in the application as filed and shall preferably also explain the reasons for the amendment.

Jump to MPEP SourceArticle 19 Amendment ScopeStatement Under Article 19Request Content and Form
StatutoryPermittedAlways
[mpep-1864-01-49b6761adf906f641fa709a6]
Replacement Sheet for Minor Amendments Allowed
Note:
A replacement sheet may be a copy of the relevant application sheet containing minor alterations or deletions, provided clarity and reproducibility are maintained.

(b) Where the amendment consists in the deletion of passages or in minor alterations or additions, the replacement sheet referred to in paragraph (a) may be a copy of the relevant sheet of the international application containing the alterations or additions, provided that the clarity and direct reproducibility of that sheet are not adversely affected. To the extent that any amendment results in the cancellation of an entire sheet, that amendment shall be communicated in a letter which shall preferably also explain the reasons for the amendment.

Jump to MPEP SourceArticle 19 Amendment ScopeStatement Under Article 19PCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1864-01-750378f250c826dd1b02b647]
Applicant May Amend Claims, Description, and Drawings Before IPEA Report
Note:
The applicant can modify the claims, description, and drawings in their PCT application before the International Preliminary Examining Authority issues an examination report.

Under PCT Article 34(2)(b), the applicant has a right to amend the claims, the description, and the drawings in the application before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The amendment may be filed with the demand (PCT Article 34), within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply to the written opinion of the IPEA.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopePCT Description RequirementsArticle 34 Amendments
StatutoryRequiredAlways
[mpep-1864-01-d48fa73e71fbbd0ff3e268e0]
Replacement Sheet Requirement for Amended Sheets
Note:
The applicant must submit a replacement sheet for any sheet that differs due to an amendment, along with an explanatory letter detailing the changes and reasons for the amendment.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopeStatement Under Article 19Amendments in National Stage
StatutoryRequiredAlways
[mpep-1864-01-96f11b0ab951094f1a704108]
Amendment Letter Explaining Changes and Reasons
Note:
The amendment must be submitted with a letter explaining the differences between the replaced sheet and the replacement sheet, along with reasons for the change.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopeStatement Under Article 19Amendments in National Stage
StatutoryRequiredAlways
[mpep-1864-01-64814a3252f1169c531843b5]
Basis for Amendment Must Refer to Original Application
Note:
The basis for any amendment must be based on the original description, claims, or drawings of the application, even if multiple amendments were made during the international phase.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopeStatement Under Article 19PCT Description Requirements
StatutoryRequiredAlways
[mpep-1864-01-195995fec802ce1de3254c2c]
Complete Set of Claims Required for Amendment
Note:
When amending claims, submit a complete set of updated claims replacing the original ones.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopePCT Article 19 AmendmentsPCT Description and Claims
StatutoryRequiredAlways
[mpep-1864-01-b93d519d4fc655ff73d7f309]
Amendment Letter for Entire Sheet Cancellation
Note:
An amendment that cancels an entire sheet can be communicated via a letter explaining the reasons, without requiring a replacement sheet.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment ScopeStatement Under Article 19Amendments in National Stage
Topic

Statement Under Article 19

5 rules
StatutoryRequiredAlways
[mpep-1864-01-cd6c5193c26e01ff88fe5ffb]
Amendment Cancelling Entire Sheet Must Be Explained
Note:
An amendment that cancels an entire sheet must be communicated in a letter, which should preferably explain the reasons for the change.

(b) Where the amendment consists in the deletion of passages or in minor alterations or additions, the replacement sheet referred to in paragraph (a) may be a copy of the relevant sheet of the international application containing the alterations or additions, provided that the clarity and direct reproducibility of that sheet are not adversely affected. To the extent that any amendment results in the cancellation of an entire sheet, that amendment shall be communicated in a letter which shall preferably also explain the reasons for the amendment.

Jump to MPEP SourceStatement Under Article 19PCT Article 19 AmendmentsRequest Content and Form
StatutoryPermittedAlways
[mpep-1864-01-ac809cb5210307d287bc19e7]
Amendments Within ISA or IPEA Written Opinion Reply Periods
Note:
Applicant may amend claims, description, and drawings within the period for reply to the written opinion of the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA).

Under PCT Article 34(2)(b), the applicant has a right to amend the claims, the description, and the drawings in the application before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The amendment may be filed with the demand (PCT Article 34), within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply to the written opinion of the IPEA.

Jump to MPEP Source · 37 CFR 1.485Statement Under Article 19Article 34 AmendmentsDemand for Preliminary Examination
StatutoryRequiredAlways
[mpep-1864-01-5c58693d288a670f0a6c5f6e]
Letter Must Indicate Basis for Amendment in Application
Note:
The accompanying letter to the amendment must specify the basis within the application as originally filed.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Statement Under Article 19Amendments in National StagePCT Article 19 Amendments
StatutoryRecommendedAlways
[mpep-1864-01-edc8aa61e113dae0586d066d]
Replacement Sheet for Amended Sheets Required
Note:
The applicant must submit a replacement sheet for any amended sheet and explain the differences, reasons for amendment, and basis of change in the application as originally filed.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Statement Under Article 19Amendments in National StagePCT Article 19 Amendments
StatutoryPermittedAlways
[mpep-1864-01-f052f43bfb6253fd86f9bc7d]
Minor Alterations Permitted on Copy Sheet
Note:
Allows minor alterations or deletions to be made directly on a copy of the relevant sheet without requiring a replacement sheet, provided clarity and reproducibility are maintained.

The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see MPEP § 1853. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet; such an amendment may be communicated in a letter which preferably explains the reasons for the amendment.

Jump to MPEP Source · 37 CFR 1.485Statement Under Article 19Amendments in National StagePCT Article 19 Amendments
Topic

Article 34 Amendments

4 rules
StatutoryPermittedAlways
[mpep-1864-01-94d861a979d9b612d7d67ce8]
Applicant May Amend at Filing or Within Time Limit
Note:
The applicant can make amendments when filing the demand and within any time limit set by the International Preliminary Examining Authority for responding to notifications.

The applicant may make amendments at the time of filing the Demand. The applicant may also make amendments within the time limit set by the International Preliminary Examining Authority for reply to any notification under § 1.484(b) or to any written opinion. Any such amendments must be made in accordance with PCT Rule 66.8.

Jump to MPEP Source · 37 CFR 1.484(b)Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
StatutoryRequiredAlways
[mpep-1864-01-268008dc6734634f299d9718]
Amendments and Letters Must Be in Language of Publication
Note:
When the international application is not filed in the language of publication, any amendments under Article 34 and accompanying letters must be in that language.

Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication. Where the international preliminary examination is carried out on the basis of a translation of the international application, any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished. No fee is payable in respect of filing any amendments under Article 34(2)(b). If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

Jump to MPEP Source · 37 CFR 1.485Article 34 AmendmentsPublication LanguagePCT Article 19 Amendments
StatutoryRequiredAlways
[mpep-1864-01-4989d05d3e675fec89a95e3d]
Amendments Must Be Translated for International Preliminary Examination
Note:
Any amendments under Article 34 and accompanying letters must be in the language of the translation used for the international preliminary examination. If filed in another language, a translation into that language is also required.

Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication. Where the international preliminary examination is carried out on the basis of a translation of the international application, any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished. No fee is payable in respect of filing any amendments under Article 34(2)(b). If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

Jump to MPEP Source · 37 CFR 1.485Article 34 AmendmentsPublication LanguagePCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1864-01-8c2b4467bf1bda3d5d86296d]
No Fee for Article 34(2)(b) Amendments
Note:
No fee is required when filing amendments under Article 34(2)(b) during the international preliminary examination.

Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication. Where the international preliminary examination is carried out on the basis of a translation of the international application, any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished. No fee is payable in respect of filing any amendments under Article 34(2)(b). If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

Jump to MPEP Source · 37 CFR 1.485Article 34 AmendmentsArticle 19 Amendment TimingInternational Preliminary Examining Authority (IPEA)
Topic

Article 19 Amendment Timing

2 rules
StatutoryRequiredAlways
[mpep-1864-01-d4525f23f12412515ec6b0c9]
Amendments and Letters Must Be in Required Language
Note:
Applicants must provide amendments and accompanying letters in the language of publication within a reasonable time limit, or face non-inclusion in the international preliminary examination.

Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication. Where the international preliminary examination is carried out on the basis of a translation of the international application, any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished. No fee is payable in respect of filing any amendments under Article 34(2)(b). If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment TimingInternational Preliminary Examining Authority (IPEA)Publication Language
StatutoryProhibitedAlways
[mpep-1864-01-84cbbc6568941a4e24dcb68c]
Amendments Must Be Filed Within Time Limit
Note:
The applicant must furnish amendments and accompanying letter within the time limit set by the International Preliminary Examining Authority for them to be considered in the examination.

Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication. Where the international preliminary examination is carried out on the basis of a translation of the international application, any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished. No fee is payable in respect of filing any amendments under Article 34(2)(b). If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

Jump to MPEP Source · 37 CFR 1.485Article 19 Amendment TimingArticle 34 AmendmentsInternational Preliminary Examining Authority (IPEA)
Topic

International Preliminary Examining Authority (IPEA)

1 rules
StatutoryRequiredAlways
[mpep-1864-01-c67fd273c80760c134befc2b]
Amendments Must Be Made Within Time Limit Set by IPEA
Note:
Applicants must make any necessary amendments within the time limit set by the International Preliminary Examining Authority in response to notifications or written opinions, and these amendments must comply with PCT Rule 66.8.

The applicant may make amendments at the time of filing the Demand. The applicant may also make amendments within the time limit set by the International Preliminary Examining Authority for reply to any notification under § 1.484(b) or to any written opinion. Any such amendments must be made in accordance with PCT Rule 66.8.

Jump to MPEP Source · 37 CFR 1.484(b)International Preliminary Examining Authority (IPEA)Patent Cooperation TreatyArticle 34 Amendments

Citations

Primary topicCitation
Article 34 Amendments
International Preliminary Examining Authority (IPEA)
37 CFR § 1.484(b)
Article 19 Amendment Scope
Statement Under Article 19
MPEP § 1853
MPEP § 1871
MPEP § 1878.02
Article 19 Amendment Scope
Statement Under Article 19
PCT Article 34
Article 34 Amendments
International Preliminary Examining Authority (IPEA)
PCT Rule 66.8

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31