PCT Article 19 — – Amendment of the Claims Before the International (MPEP Index) – BlueIron IP
PCT Article 19 – Amendment of the Claims Before the International
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 19, including 163 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
Practitioners must file amendments to claims within two months of receiving an international search report, ensuring they comply with the report's findings.
What this section covers
- This section covers amendments to claims filed within two months after receiving an international search report.
Key obligations
- Practitioners must file an amendment to the claims within two months of receiving the international search report.
- An explanation for the amendment may be provided with the filing.
- The amendment must comply with PCT Article 19 and any relevant provisions of the MPEP.
Practice notes
- Practitioners should carefully review the international search report before amending claims to ensure compliance with its findings.
- Avoid making unnecessary or overly broad amendments that could be seen as attempting to circumvent the search report's findings.
Official MPEP § 19 — – Amendment of the Claims Before the International
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 19 – Amendment of the Claims Before the International Bureau
- (1) The applicant shall, after having received the international search report, be entitled to one opportunity to amend the claims of the international application by filing amendments with the International Bureau within the prescribed time limit. He may, at the same time, file a brief statement, as provided in the Regulations, explaining the amendments and indicating any impact that such amendments might have on the description and the drawings.
- (2) The amendments shall not go beyond the disclosure in the international application as filed.
- (3) If the national law of any designated State permits amendments to go beyond the said disclosure, failure to comply with paragraph (2) shall have no consequence in that State.
- Access Records
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- Maintenance Fee Late
- Patent Term
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- Pct Amendments Article 19
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- Pct Description Claims
- Pct Fees
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- Pct International Preliminary Examination
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- Pct International Search
- Pct National Stage Entry
- Pct Publication
- Pct Rectification
- Pct Request