How are Article 34 amendments handled in the US national stage application?

Article 34 amendments made during the international preliminary examination phase are handled as follows in the US national stage application: The amendments are annexed to the international preliminary examination report (IPER) by the International Preliminary Examining Authority. If the annexes are in English, they will normally be entered into the US national stage application unless…

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Can amendments be incorporated into the translation of a PCT application for U.S. national stage entry?

No, amendments cannot be incorporated into the translation of a PCT application for U.S. national stage entry. The MPEP clearly states: “Amendments, even those considered to be minor or to not include new matter, may not be incorporated into the translation.” Instead, if an applicant wishes to make amendments to the international application for the…

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Can amendments be made to a patent application after receiving a D-10 Notice?

Yes, amendments can be made to a patent application after receiving a D-10 Notice, but they are subject to specific procedures. The MPEP Section 1304 states: “For amendments received after D-10 Notice, see MPEP § 130.” This directive indicates that there are special considerations for amendments submitted at this late stage of the examination process.…

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How should amendments be made to ASCII plain text file submissions in patent applications?

Amendments to ASCII plain text file submissions in patent applications must follow specific procedures: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc. If submitted on a read-only optical disc, label it as “REPLACEMENT MM/DD/YYYY” with the date of creation. Include a request to…

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