What is the deadline for submitting PCT Article 34 amendments?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The deadline for submitting PCT Article 34 amendments is crucial for applicants to understand. According to MPEP 1864.01:

“Amendments filed under Article 34 are subject to the time constraints set forth in PCT Rule 66.1(b) which states that the applicant shall be given at least one opportunity to amend the claims, the description, and the drawings before the International Preliminary Examining Authority issues its report.”

To elaborate:

  • Amendments must be submitted before the International Preliminary Examining Authority (IPEA) issues its report
  • The IPEA must provide at least one opportunity for amendment
  • The specific deadline may vary depending on the IPEA’s practice and the examination timeline
  • It’s generally advisable to submit amendments as early as possible after entering Chapter II

Applicants should consult the specific IPEA’s guidelines or contact them directly to confirm the exact deadline for their application.

Tags: amendment deadline, International Preliminary Examining Authority, pct article 34, pct rule 66.1(b)