How do PCT Article 34 amendments differ from PCT Article 19 amendments?
How do PCT Article 34 amendments differ from PCT Article 19 amendments?
PCT Article 34 and Article 19 amendments serve different purposes and are filed at different stages of the PCT process. While MPEP 1864.01 focuses on Article 34 amendments, it’s important to understand the distinction:
- PCT Article 19 amendments:
- Filed during the Chapter I phase
- Limited to amending the claims only
- Submitted to the International Bureau
- Deadline: Within 2 months from the transmittal of the International Search Report
- PCT Article 34 amendments:
- Filed during the Chapter II phase (international preliminary examination)
- Can amend the claims, description, and drawings
- Submitted directly to the International Preliminary Examining Authority (IPEA)
- Deadline: Before the IPEA issues its report
The MPEP states regarding Article 34 amendments:
“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 highlights that Article 34 amendments are more comprehensive and are considered during the preliminary examination, potentially influencing the IPER.
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