What are the guidelines for processing amendments filed under Articles 19 and 34 of the PCT?
The MPEP provides specific guidelines for processing amendments filed under Articles 19 and 34 of the PCT. Key points include: Any argument or amendment complying with 37 CFR 1.485 will be considered. Amendments filed after the demand but before the expiration of the applicable time limit under PCT Rule 54bis.1(a) will be considered. Amendments filed…
Read MoreWhat is the time limit for filing an Article 19 amendment?
The time limit for filing an Article 19 amendment is specified in PCT Rule 46.1. According to the MPEP, The opportunity to make amendments under Article 19 is available after the applicant has received the international search report and the written opinion of the International Search Authority, and remains available until the end of 16…
Read MoreWhat should be included in an Article 19 amendment submission?
An Article 19 amendment submission should include several components as outlined in the MPEP: A complete set of claims replacing the originally filed claims A letter indicating the differences between the original and amended claims An explanation of the basis for the amendments in the original application An optional statement under Article 19 The MPEP…
Read MoreWhat is the purpose of the statement accompanying an Article 19 amendment?
An optional statement can accompany an Article 19 amendment. The MPEP explains its purpose: Any amendment may be accompanied by a brief statement by the applicant explaining the amendment and indicating any impact it might have on the description and the drawings. Such a statement is published together with the international application itself. This statement…
Read MoreCan Article 19 amendments go beyond the original disclosure?
Article 19 amendments are subject to certain limitations regarding the scope of the changes. The MPEP states: The PCT provides that amendments are not to go beyond the disclosure in the international application as filed. However, it’s important to note that This requirement is not directly enforceable during Chapter I of the international phase, but…
Read MoreHow should claims be numbered in an Article 19 amendment?
When submitting an Article 19 amendment, proper numbering of claims is important. The MPEP provides guidance on this matter: All the claims appearing on a replacement sheet must be numbered in Arabic numerals (corresponding to the order of the claims). Where a claim is cancelled, no renumbering of the other claims is required. However, where…
Read MoreHow are amendments to the claims treated in U.S. national stage applications?
How are amendments to the claims treated in U.S. national stage applications? Amendments to the claims in U.S. national stage applications are treated differently depending on when they are submitted. The MPEP provides specific guidance: “Amendments to the claims submitted after completion of the requirements for entry into the national stage will be considered for…
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