Can 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 failure to comply with it may have adverse consequences for the applicant during the international preliminary examination and in the national phase.
This means that while you can technically submit amendments that go beyond the original disclosure, doing so may cause problems later in the patent process. It’s generally advisable to ensure that all amendments are supported by the original disclosure to avoid potential issues in subsequent stages of prosecution.
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