PCT Article 36 — – Transmittal, Translation, and Communication, of the (MPEP Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 36, including 17 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 transmittal, translation, and communication of amendments made under PCT Article 34 during international preliminary examination, emphasizing their annexation to the International Preliminary Examination Report (IPER) and the importance of compliance with these procedures.

What this section covers

This section defines that amendments to an international application, made under PCT Article 34 during Chapter II (international preliminary examination), must be annexed to the International Preliminary Examination Report (IPER).

Key obligations

Amendments made under PCT Article 34 during the international preliminary examination phase must be properly annexed to the IPER.
Practitioners must ensure that all amendments are properly made and included in the IPER to comply with PCT Article 34 requirements.
Compliance with PCT Article 34 is necessary to maintain the integrity of the international application process.

Practice notes

Practitioners should carefully review and ensure all amendments made under PCT Article 34 are properly annexed to the IPER to avoid potential delays or rejections.
Timely submission and proper formatting of amendments are crucial to avoid non-compliance with PCT Article 34 requirements.

Applicant Authorization Required for Information ReleaseMPEP 110Required
Request for International Preliminary Examination Report Within Seven YearsMPEP 1879.02Permitted
International Preliminary Exam Report Information Must Not Be Disclosed Without Applicant's ConsentMPEP 1879.04Required

Translation of Foreign Language Annexes Required Within 30 MonthsMPEP 1893.01(a)(3)Required
Applicant Authorization Required for Information ReleaseMPEP 110Required
International Preliminary Exam Report Information Must Not Be Disclosed Without Applicant's ConsentMPEP 1879.04Required

Written Opinion and Reports Must Be In Official LanguagesMPEP 1879.03
Translation Requirement for Written Opinion and ReportMPEP 1879.03
Translation Required for Non-Official LanguagesMPEP 1879.03
Translation of Annexes Required if Not in Official LanguageMPEP 1879.03
Article 34 Amendments Must Be Annexed to IPERMPEP 1893.01(a)(3)
Amendments Filed with International Preliminary Examining Authority Must Be EnteredMPEP 1893.01(a)(3)
English Annexes Automatically Entered into U.S. National StageMPEP 1893.01(a)(3)
Entry of Article 34 Amendments May Be RestrictedMPEP 1893.01(a)(3)Permitted
Article 34 Amendments Not Considered in U.S. National StageMPEP 1893.01(a)(3)Permitted
Written Opinion and/or Report Must Be Translated into English If Not in Official LanguageMPEP 1879.03Permitted
Translation of Written Opinion by International BureauMPEP 1879.03
Applicant Must Provide Annex TranslationsMPEP 1879.03
Timely Translation Required for AnnexesMPEP 1893.01(a)(3)

MPEP Section	Rules
MPEP § 110	Applicant Authorization Required for Information ReleaseMPEP 110Required
MPEP § 1879.02	Request for International Preliminary Examination Report Within Seven YearsMPEP 1879.02Permitted
MPEP § 1879.03	Written Opinion and Reports Must Be In Official LanguagesMPEP 1879.03 Translation Requirement for Written Opinion and ReportMPEP 1879.03 Translation Required for Non-Official LanguagesMPEP 1879.03 Translation of Annexes Required if Not in Official LanguageMPEP 1879.03 Written Opinion and/or Report Must Be Translated into English If Not in Official LanguageMPEP 1879.03Permitted Translation of Written Opinion by International BureauMPEP 1879.03 Applicant Must Provide Annex TranslationsMPEP 1879.03
MPEP § 1879.04	International Preliminary Exam Report Information Must Not Be Disclosed Without Applicant's ConsentMPEP 1879.04Required
MPEP § 1893.01(a)(3)	Article 34 Amendments Must Be Annexed to IPERMPEP 1893.01(a)(3) Amendments Filed with International Preliminary Examining Authority Must Be EnteredMPEP 1893.01(a)(3) English Annexes Automatically Entered into U.S. National StageMPEP 1893.01(a)(3) Entry of Article 34 Amendments May Be RestrictedMPEP 1893.01(a)(3)Permitted Translation of Foreign Language Annexes Required Within 30 MonthsMPEP 1893.01(a)(3)Required Article 34 Amendments Not Considered in U.S. National StageMPEP 1893.01(a)(3)Permitted Timely Translation Required for AnnexesMPEP 1893.01(a)(3)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

PCT Article 36 — – Transmittal, Translation, and Communication, of the (MPEP Index) – BlueIron IP

PCT Article 36 – Transmittal, Translation, and Communication, of the

Summary

Official MPEP § 36 — – Transmittal, Translation, and Communication, of the

Article 36 – Transmittal, Translation, and Communication, of the International Preliminary Examination Report

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions