PCT AG-IP 10.067 How may the applicant react to a written opinion by the International Preliminary Examining Authority?

Article 34(2)(a)
and (d)
Rule 66.2(b), (c)
and (d)
66.3
66.4
66.5
66.6
66.8

10.067.   How may the applicant react to a written opinion by the International Preliminary Examining Authority?  May the applicant amend the international application at this stage?  The applicant may ask for further clarifications from the International Preliminary Examining Authority and may himself give clarifications to it, since the PCT expressly provides that the applicant has a right to communicate orally, by telephone or personally, or in writing with the Authority (Article 34(2)(a);  see also Rule 66.6).  More specifically, where the applicant receives a written opinion from the Authority on any of the matters referred to in paragraphs 10.064 and 10.065, he may respond to that written opinion (see Article 34(2)(d)).  The response may consist of amendments and/or arguments.  Any change – other than the rectification of obvious mistakes (see paragraphs 11.033 to 11.044) – in the claims, the description or the drawings (including cancellation of claims, omission of passages in the description or omission of certain drawings) is considered an amendment.  For the form of amendments, see paragraph 10.071.  If the International Preliminary Examining Authority issues one or more additional written opinions, the applicant’s reaction possibilities are the same as in the case of the first written opinion.  The applicant may request the International Preliminary Examining Authority to give him one or more additional opportunities to submit amendments or arguments if sufficient time remains.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip10.html

Date retrieved: 02 November 2015

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