How are Article 19 amendments handled in the US national stage application?
Article 19 amendments made during the international phase are handled as follows in the US national stage application: The amendments are forwarded to the US Designated Office by the International Bureau for inclusion in the national stage application. English language amendments will be entered by replacing the original claims with the amended claim set. If…
Read MoreWhat are Article 19 amendments in PCT applications?
Article 19 amendments are amendments to the claims of a PCT application that can be made after the international search report has been established. According to the MPEP, “Article 19 amendments are exclusively amendments to the claims and these amendments can only be made after the international search report has been established.” These amendments are…
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 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 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 Article 19 and Article 34 amendments treated in the U.S. national stage?
Article 19 and Article 34 amendments made during the international phase are treated differently when entering the U.S. national stage: Article 19 Amendments: Article 19 amendments to the claims will be entered by the USPTO if they are in English and received by the date of national stage commencement. As stated in MPEP 1893.01(a)(2): “Article…
Read MoreHow should the elements of an international patent application be arranged?
The MPEP 1812 specifies the order in which the elements of an international patent application should be arranged: Request Description (excluding any sequence listing part) Claims Abstract Drawings Sequence listing part of the description (if applicable) This order is mandated by the Administrative Instructions Section 207(a). The MPEP states: “The elements of the international application…
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