PCT Rule 78 — Amendment of the Claims, the Description (MPEP Index) – BlueIron IP
PCT Rule 78 Amendment of the Claims, the Description, and the Drawings,
This page consolidates MPEP guidance interpreting PCT Rule 78, including 9 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
Amendments to claims, description, and drawings in an international application must be submitted within 30 months of the priority date to ensure compliance with PCT Article 22(1) requirements.
What this section covers
- This section covers amendments to claims, description, and drawings in an international application under PCT Rule 78.
Key obligations
- Submit amendments within 30 months of the priority date to comply with PCT Article 22(1) requirements.
- Ensure all amendments comply with specific translation and fee submission deadlines as prescribed by PCT Article 22(1).
Practice notes
- Ensure all amendments are clearly marked and submitted with the international application.
- Failing to submit translations of the claims and description as required by PCT Article 22(1) can lead to non-compliance.
Official MPEP § 78 — Amendment of the Claims, the Description, and the Drawings,
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 78 Amendment of the Claims, the Description, and the Drawings, before Elected Offices
78.1 Time Limit
- (a) The applicant shall, if he so wishes, exercise the right under Article 41 to amend the claims, the description and the drawings, before the elected Office concerned within one month from the fulfillment of the requirements under Article 39(1)(a) , provided that, if the transmittal of the international preliminary examination report under Article 36(1) has not taken place by the expiration of the time limit applicable under Article 39 , he shall exercise the said right not later than four months after such expiration date. In either case, the applicant may exercise the said right at any later time if so permitted by the national law of the said State.
- (b) In any elected State in which the national law provides that examination starts only on special request, the national law may provide that the time limit within or the time at which the applicant may exercise the right under Article 41 shall be the same as that provided by the national law for the filing of amendments in the case of the examination, on special request, of national applications, provided that such time limit shall not expire prior to, or such time shall not come before, the expiration of the time limit applicable under paragraph (a).
78.2 [Deleted]
78.3 Utility Models
The provisions of Rules 6.5 and 13.5 shall apply, mutatis mutandis, before elected Offices. If the election was made before the expiration of the 19th month from the priority date, the reference to the time limit applicable under Article 22 is replaced by a reference to the time limit applicable under Article 39 .
-
- Pct Filing
- Pct International Preliminary Examination
- Pct National Stage Entry
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1893.01(a) |