Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Article 34 amendments differ from Article 19 amendments in several ways:
- Article 34 amendments can be made to the claims, description, and drawings, while Article 19 amendments are limited to claims only.
- Article 34 amendments are made during the Chapter II examination phase, while Article 19 amendments are made during the Chapter I search phase.
- Article 34 amendments are submitted to the International Preliminary Examining Authority (IPEA), while Article 19 amendments are filed with the International Bureau.
The MPEP states: “It should be noted that PCT Article 19 amendments are strictly amendments to the claims made during the Chapter I search phase while PCT Article 34(2)(b) amendments to the description, claims, and drawings are made during the Chapter II examination phase.“