How can claims be amended in a PCT application?
Claims in a PCT application can be amended at various stages, as described in MPEP 1824:
- During the international phase under PCT Article 19 after receiving the international search report
- During international preliminary examination if the applicant has filed a Demand
- During the national phase
The MPEP states: “The claims can be amended during the international phase under PCT Article 19 on receipt of the international search report, during international preliminary examination if the applicant has filed a Demand, and during the national phase.“
When amending claims, applicants must follow the procedures outlined in PCT Administrative Instructions Section 205, which includes indicating the differences between the original and amended claims.
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