What are the timing options for filing amendments under PCT Article 34?

Amendments under PCT Article 34 can be filed at several stages during the international preliminary examination process. The timing options are:

1. At the time of filing the Demand for international preliminary examination.
2. Within the time limit set by the International Preliminary Examining Authority (IPEA) for reply to any notification under 37 CFR 1.484(b).
3. Within the time limit set by the IPEA for reply to any written opinion.

This is specified in MPEP 1864.01, which states: “The applicant may make amendments at the time of filing the Demand. The applicant may also make amendments within the time limit set by the International Preliminary Examining Authority for reply to any notification under § 1.484(b) or to any written opinion.“

Additionally, PCT Article 34(2)(b) provides that “The applicant shall have a right to amend the claims, the description, and the drawings, in the prescribed manner and within the prescribed time limit, before the international preliminary examination report is established.“

To learn more:

• PCT Article 34
• amendments
• timing
• international preliminary examination
• IPEA