How do amendments affect the start of international preliminary examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Amendments can affect the start of international preliminary examination in several ways, as outlined in MPEP 1879.01:

1. If amendments under Article 19 are to be considered, the examination won’t start until the International Preliminary Examining Authority receives a copy of these amendments.
2. If the applicant indicates that the start should be postponed (Rule 53.9(b)), the examination won’t begin until:
   • A copy of Article 19 amendments is received,
   • The applicant notifies that no Article 19 amendments will be made, or
   • The time limit under Rule 46.1 expires.
3. If amendments under Article 34 are mentioned in the demand but not submitted, the examination won’t start until:
   • The amendments are received, or
   • The time limit for submitting the amendments expires.

These rules ensure that the examination considers all relevant amendments and gives applicants time to submit or complete their amendments.