Can applicants choose not to enter Article 19 Amendments in the U.S. national stage?
Yes, applicants can choose not to enter Article 19 Amendments in the U.S. national stage. The USPTO provides a specific mechanism for this purpose. According to MPEP 1893.01(a)(2): “The “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371″ (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box by…
Read MoreWhat are the requirements for Article 19 Amendments filed after July 1, 2009?
Article 19 Amendments filed after July 1, 2009 have specific requirements. According to MPEP 1893.01(a)(2), these amendments must include a complete claim set. This is in contrast to amendments filed before July 1, 2009, which did not have this requirement. The MPEP states: “Article 19 amendments filed before July 1, 2009 were not required to…
Read MoreHow are Article 19 Amendments processed in the U.S. national stage?
Article 19 Amendments are processed in the U.S. national stage as follows: The amendment is forwarded to the U.S. Designated Office by the International Bureau for inclusion in the U.S. national stage application. If the amendment is in English, it will replace the original English language claims of the international application. If the amendment is…
Read MoreWhat is an Article 19 Amendment in the Patent Cooperation Treaty?
An Article 19 Amendment is a mechanism under the Patent Cooperation Treaty (PCT) that allows applicants to amend the claims of an international patent application after the issuance of the search report. According to MPEP 1893.01(a)(2), “The claims of an international application may be amended under PCT Article 19 after issuance of the search report.”…
Read MoreWhat is the deadline for submitting Article 19 Amendments in the U.S. national stage?
The deadline for submitting Article 19 Amendments in the U.S. national stage is the date of commencement of the national stage. According to MPEP 1893.01(a)(2): “The Article 19 amendment(s) and the English translation of the amendment(s) must be received by the Office by the date of commencement of the national stage (see MPEP § 1893.01).…
Read MoreWhat should applicants do if their pre-July 1, 2009 Article 19 Amendments were not entered correctly?
If an applicant’s pre-July 1, 2009 Article 19 Amendments were not entered correctly in the U.S. national stage application, the USPTO recommends submitting a preliminary amendment. According to MPEP 1893.01(a)(2): “In such situations, applicants are encouraged to submit a preliminary amendment in accordance with 37 CFR 1.121 to obtain entry of the desired changes.” This…
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