What happens if PCT Article 34 amendments are not properly filed?
What happens if PCT Article 34 amendments are not properly filed?
Improperly filed PCT Article 34 amendments can have significant consequences. The MPEP 1864.01 provides guidance on this issue:
“If the applicant files an amendment with the demand (PCT Article 34), the amendment shall be referred to in the appropriate place in the report (PCT Rule 70.2(c)). However, if the amendment is improperly filed, not referred to in the demand, or is not filed in the prescribed language, the amendment will be disregarded for the purpose of international preliminary examination.”
This means:
- Amendments not properly filed may be disregarded during examination
- The International Preliminary Examining Authority (IPEA) may not consider improperly filed amendments
- Amendments must be filed in the prescribed language
- Amendments should be referred to in the demand for international preliminary examination
To avoid these issues, applicants should carefully follow the filing requirements and ensure all amendments are properly submitted and referenced in the demand.
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