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 which the applicant may expressly instruct the U.S. Designated/Elected Office not to enter the Article 19 amendment(s) in the United States national stage application.”
This option allows applicants to have greater control over which amendments are entered into their U.S. national stage application.
To learn more: