PCT Article 41 — – Amendment of the Claims, the Description (MPEP Index) – BlueIron IP
PCT Article 41 – Amendment of the Claims, the Description, and the Drawings,
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 41, 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
Under PCT Article 41, this section provides detailed guidance on amending claims, description, and drawings within the first 30 months of the priority date. It covers timing, requirements, and compliance with national laws.
What this section covers
- This section defines that amendments to claims, description, and drawings are covered by PCT Article 41 within the first 30 months of the priority date.
Key obligations
- Practitioners must ensure amendments are filed within the 30-month time frame from the priority date.
- Amendments must comply with PCT Article 41 and any applicable national laws.
- A copy of the international application, translation (if required), and national fee must be submitted with amendments.
Practice notes
- All amendments should be clearly marked and submitted in a timely manner to avoid potential delays or rejections.
- Adhering to national laws and regulations is crucial when amending claims, description, or drawings.
Official MPEP § 41 — – Amendment of the Claims, the Description, and the Drawings,
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 41 – Amendment of the Claims, the Description, and the Drawings, before Elected Offices
- (1) The applicant shall be given the opportunity to amend the claims, the description, and the drawings, before each elected Office within the prescribed time limit. No elected 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 elected State permits them to go beyond the said disclosure.
- (3) The amendments shall be in accordance with the national law of the elected State in all respects not provided for in this Treaty and the Regulations.
- (4) Where an elected 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) |