Can PCT Article 34 amendments introduce new matter?

Can PCT Article 34 amendments introduce new matter? PCT Article 34 amendments are subject to strict rules regarding the introduction of new matter. According to MPEP 1864.01: “No amendment may go beyond the disclosure in the international application as filed. (PCT Article 34(2)(b)).” This means: Amendments cannot introduce new subject matter not present in the…

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What happens if amendments under PCT Article 34 are not in the required language?

If amendments filed under PCT Article 34 or their accompanying letters are not in the required language, the following process occurs: The International Preliminary Examining Authority (IPEA) will invite the applicant to furnish them in the correct language. The applicant will be given a reasonable time limit to provide the correct language versions. If the…

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How do PCT Article 34 amendments affect the international preliminary examination?

How do PCT Article 34 amendments affect the international preliminary examination? PCT Article 34 amendments can significantly impact the international preliminary examination process. According to MPEP 1864.01: “Amendments to the international application that were properly made under PCT Article 34 during the international preliminary examination phase (i.e., Chapter II) are annexed to the international preliminary…

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What are the timing options for filing amendments under PCT Article 34?

Amendments under PCT Article 34 can be filed at several stages during the international preliminary examination process. The timing options are: At the time of filing the Demand for international preliminary examination. Within the time limit set by the International Preliminary Examining Authority (IPEA) for reply to any notification under 37 CFR 1.484(b). Within the…

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What are the requirements for filing amendments under PCT Article 34?

Amendments under PCT Article 34 can be filed before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The key requirements are: Amendments can be filed with the demand, within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply…

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What are the language requirements for amendments filed under PCT Article 34?

The language requirements for amendments filed under PCT Article 34 depend on the language of the international application and the language of the international preliminary examination. Here are the key points: If the international application was not filed in the language of publication, amendments and accompanying letters must be in the language of publication. If…

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Are there fees associated with filing amendments under PCT Article 34?

No, there are no fees specifically associated with filing amendments under PCT Article 34. This is explicitly stated in the Manual of Patent Examining Procedure (MPEP). As per MPEP 1864.01: “No fee is payable in respect of filing any amendments under Article 34(2)(b).“ This provision allows applicants to make necessary amendments during the international preliminary…

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