A.41 PCT Amendment of the Claims, the Description, and the Drawings, Before Elected Offices

(1)  The applicant shall be given the opportunity to amend the claims, the description, and the drawings, before each elected Office within the prescribed time limit. No elected Office shall grant a patent, or refuse the grant of a patent, before such time limit has expired, except with the express consent of the applicant.

(2)  The amendments shall not go beyond the disclosure in the international application as filed, unless the national law of the elected State permits them to go beyond the said disclosure.

(3)  The amendments shall be in accordance with the national law of the elected State in all respects not provided for in this Treaty and the Regulations.

(4)  Where an elected Office requires a translation of the international application, the amendments shall be in the language of the translation.

Source: http://www.wipo.int/pct/en/texts/articles/a41.htm

Date retrieved: 17 May 2021

7 references found.

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EPO Guidelines - E General Procedural Matters

EPO Guidelines - H Amendments and Corrections

EPO PCT GL - F (not assigned)

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

PCT Implementing Rules

PCT Newsletter - Practical Advice

General Case Law