How are Article 34 Amendments handled in the U.S. national stage application?
Article 34 Amendments are typically entered into the U.S. national stage application automatically, with some exceptions. The MPEP 1893.01(a)(3) states:
“If these annexes are in English, they will normally be entered into the U.S. national stage application by the Office absent a clear instruction by the applicant that the annexes are not to be entered.”
However, applicants can choose not to have these amendments entered by using Form PTO-1390, which includes a checkbox for this purpose. Additionally, if the amendments would result in obvious inconsistencies or are in a foreign language without a timely provided translation, they may not be entered.
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