What is the time limit for filing an Article 19 amendment?

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 time limit for filing an Article 19 amendment is specified in PCT Rule 46.1. According to the MPEP, The opportunity to make amendments under Article 19 is available after the applicant has received the international search report and the written opinion of the International Search Authority, and remains available until the end of 16 months from the priority date or two months after the transmittal (i.e., the date of mailing) of that report and opinion, whichever expires later. It’s important to note that amendments received after this time limit may still be accepted if they are received before the technical preparations for international publication have been completed.

Tags: amendment deadline, article 19, international application, patent prosecution, PCT