PCT Article 28 — – Amendment of the Claims, the Description (MPEP Index) – BlueIron IP
PCT Article 28 – Amendment of the Claims, the Description, and the Drawings,
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 28, including 11 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 covers the amendment process for claims, description, and drawings in international applications under PCT Article 28, including timing requirements and specific obligations.
What this section covers
- Defines that this section covers amendments to claims, description, and drawings in international applications under PCT Article 28.
- Provides guidance on the timing and requirements for amending these elements in PCT applications.
Key obligations
- Practitioners must ensure amendments are made within the prescribed time frame and in accordance with PCT Article 28.
- Amendments must be filed through the International Bureau or designated office, as applicable.
Practice notes
- Advise practitioners to review the specific requirements for each amendment, as detailed in PCT Article 28.
- Warn practitioners against making unauthorized amendments that could invalidate the international application.
Official MPEP § 28 — – Amendment of the Claims, the Description, and the Drawings,
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 28 – Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
- (1) The applicant shall be given the opportunity to amend the claims, the description, and the drawings, before each designated Office within the prescribed time limit. No designated Office shall grant a patent, or refuse the grant of a patent, before such time limit has expired except with the express consent of the applicant.
- (2) The amendments shall not go beyond the disclosure in the international application as filed unless the national law of the designated State permits them to go beyond the said disclosure.
- (3) The amendments shall be in accordance with the national law of the designated State in all respects not provided for in this Treaty and the Regulations.
- (4) Where the designated Office requires a translation of the international application, the amendments shall be in the language of the translation.
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- Pct Amendments Article 19
- Pct Filing
- Pct International Preliminary Examination
- Pct National Stage Entry
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1893.01 | |
| MPEP § 1893.01(a) |