How do PCT Article 34 amendments affect the international preliminary examination?
How do PCT Article 34 amendments affect the international preliminary examination?
PCT Article 34 amendments can significantly impact the international preliminary examination process. According to MPEP 1864.01:
“Amendments to the international application that were properly made under PCT Article 34 during the international preliminary examination phase (i.e., Chapter II) are annexed to the international preliminary examination report (IPER) and are communicated to the elected Offices.”
This means that:
- The amendments become part of the application’s record
- They are considered during the preliminary examination
- The IPER will reflect these amendments
- Elected Offices will receive these amendments along with the IPER
These amendments can potentially improve the application’s chances of a favorable IPER, which can be beneficial when entering the national phase in elected countries.
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