How do Article 34 amendments differ from Article 19 amendments?
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.“
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