How are amendments handled in the written opinion of the IPEA?
The handling of amendments in the written opinion of the International Preliminary Examining Authority (IPEA) is detailed in the MPEP. Key points include:
- Amendments filed during Chapter I proceedings and stamped “SUBSTITUTE SHEET (RULE 26)”, “RECTIFIED SHEET (RULE 91)”, and “INCORPORATED BY REFERENCE (RULE 20.6)” are considered originally filed/furnished pages and should be listed as such.
- Amended claims filed under PCT Article 19 in response to the international search report are indicated as claim numbers as amended under PCT Article 19.
- Only amendments or claims filed on or after the date of demand for international preliminary examination should be listed as “received by this Authority on ______________”.
The MPEP also states: If the examiner considers any of the amendments to go beyond the original disclosure, or they were not accompanied by a letter indicating the basis for the amendment in the application as filed, the examiner must point this out in Box No. I, item 4 and explain the reasons for this determination in the Supplemental Box.
To learn more: