What happens if amendments under PCT Article 34 are not in the required language?
If amendments filed under PCT Article 34 or their accompanying letters are not in the required language, the following process occurs:
- The International Preliminary Examining Authority (IPEA) will invite the applicant to furnish them in the correct language.
- The applicant will be given a reasonable time limit to provide the correct language versions.
- If the applicant fails to furnish the amendments and/or accompanying letter within the set time limit, the IPEA will not consider these amendments in the international preliminary examination.
According to MPEP 1864.01: “If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit. If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.“
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