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 national stage, they should follow this procedure:
- Submit the translation of the application as originally filed or with properly accepted changes under PCT Rules 26 or 91.
- File separate amendments in accordance with 37 CFR 1.121.
The MPEP provides guidance on when to submit these amendments:
“An amendment filed under 37 CFR 1.121 should be submitted within 3 months from the date the national stage is entered as set forth 37 CFR 1.491. See 37 CFR 1.115(b)(3)(iii).”
It’s crucial to keep the translation and amendments separate to ensure compliance with USPTO requirements and avoid potential issues with the national stage entry process.
To learn more: