What is an Article 19 Amendment in the Patent Cooperation Treaty?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An Article 19 Amendment is a mechanism under the Patent Cooperation Treaty (PCT) that allows applicants to amend the claims of an international patent application after the issuance of the search report. According to MPEP 1893.01(a)(2) , “The claims of an international application may be amended under PCT Article 19 after issuance of the search report.” However, it’s important to note that “The description and drawings may not be amended under PCT Article 19.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Benefits of Using Patent Cooperation Treaty MPEP 1893 Required International Application May Publish MPEP 1893.01(a)(1) Permitted Canceled Article 19 Amendments Must Be Resubmitted MPEP 1893.01(a)(2) Required Inventorship Determined by International Application MPEP 1893.01(e) Requirements for Filing International Applications MPEP 1893.01 Required Functions of U.S. Designated Office for International Applications MPEP 1893.01(a) Entry via U.S. Designated or Elected Office MPEP 1893.01(a) Amendments Within One Month After Commencement MPEP 1893.01(a) Four Types of U.S. National Applications Defined MPEP 1893 National Stage Application Timing and Art Status MPEP 1893 Other Related FAQs 5 FAQs Collapse What is the significance of the 30-month time limit for national stage entry? What should applicants do if their pre-July 1, 2009 Article 19 Amendments were not entered correctly? What are the requirements for amending claims in a US national stage application? What is the deadline for submitting Article 19 Amendments in the U.S. national stage? How are Article 19 Amendments processed in the U.S. national stage?