What are the requirements for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The key requirements are:
- Amendments can be filed with the demand, within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply to the written opinion of the IPEA.
- A replacement sheet must be submitted for every sheet that differs due to an amendment.
- An accompanying letter must explain the differences between the replaced and replacement sheets, preferably including reasons for the amendment.
- The basis for the amendment in the original application must be indicated.
As stated in MPEP 1864.01: “The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment.“
To learn more: