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PCT International Search and Preliminary Examination Guidelines


Chapter 20 Amendments

Amendment of the Claims Under Article 19

Rules 46.1, 69.1(d)

20.01  The documents making up the international application referred to in paragraph 18.10 may include amendments of the claims filed by the applicant under Article 19, which must not go beyond the disclosure in the international application as filed (see paragraph 20.10). These will be transmitted to the International Preliminary Examining Authority by the International Bureau. If a demand for international preliminary examination has already been submitted, the applicant should preferably, at the time he files the Article 19 amendments with the International Bureau, also file a copy of the amendments and the letter required under Rule 46.5(b) with the International Preliminary Examining Authority (Rule 62.2). In the event that the time limit for filing amendments under Article 19, as provided in Rule 46.1, has not expired and the demand includes a statement that the start of the international preliminary examination is to be postponed under Rule 53.9(b), the international preliminary examination should not start before:

(a) the examiner receives a copy of any amendments made under Article 19, or

(b) a notice from the applicant that he does not wish to make amendments under Article 19, or

(c) the later of two months from the transmittal of the international search by the International Searching Authority report or 16 months from the priority date, whichever occurs first (See paragraphs 3.14 and 18.06).

Article 19 amendments are considered by the examiner only during the international preliminary examination procedure.

Amendment Under Article 34

Rule 66.1(a)

20.02 Amendments to the description, claims or drawings are made under Rule 66.8. These amendments may have been submitted to avoid possible objections of lack of novelty and/or lack of inventive step in view of the citations listed in the international search report, or other objections that may have been raised.

Articles 5, 6, 34(2)(b); Rule 66.1

20.03  The applicant is not restricted to amendments necessary to remedy a defect in his international application. However, any amendment submitted must not add subject matter which goes beyond the disclosure of the international application as originally filed (see paragraphs 20.10 to 20.19). Furthermore, it must not itself cause the international application as amended to be objectionable under the PCT. For example, the amendment should not introduce obscurity.