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 original application
- Any amendment must be supported by the original disclosure
- The International Preliminary Examining Authority (IPEA) will check for compliance with this rule
- Amendments that go beyond the original disclosure may be disregarded or may lead to an unfavorable report
Applicants should carefully review their proposed amendments to ensure they do not introduce new matter and are fully supported by the original application as filed.
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