How are amendments to the claims treated in U.S. national stage applications?
How are amendments to the claims treated in U.S. national stage applications?
Amendments to the claims in U.S. national stage applications are treated differently depending on when they are submitted. The MPEP provides specific guidance:
“Amendments to the claims submitted after completion of the requirements for entry into the national stage will be considered for purposes of Article 19 and 34 regardless of the status of the claims at the time of receiving the national stage requirements.” (MPEP 1893.03(e))
This means that:
- Amendments submitted before the completion of national stage entry requirements are treated as Article 19 or 34 amendments.
- Amendments submitted after completing the national stage entry requirements are treated as regular amendments under 37 CFR 1.121.
- The status of the claims at the time of receiving national stage requirements does not affect how subsequent amendments are considered.
Applicants should be aware of these distinctions to ensure their amendments are properly processed and considered during examination.
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