How are amendments handled in the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) takes into account amendments made to the international application. The MPEP states: “The international preliminary examination report identifies the basis on which it is established, i.e., whether, and if so, which amendments have been taken into account.” Amendments are handled as follows:
- Replacement sheets containing amendments under PCT Article 19 and/or PCT Article 34 that have been taken into account are attached as “annexes” to the IPER.
- Amendments under PCT Article 19 considered reversed by an amendment under PCT Article 34 are not annexed to the report.
- Superseded amendments are not normally included, with some exceptions for clarity.
The examiner must indicate in Box No. I, item 2 of Form PCT/IPEA/409 which amendments have been considered and when they were received. If any amendments are considered to go beyond the original disclosure, the examiner must point this out and explain the reasons in the Supplemental Box.
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