PCT AG-IP 10.068 Will amendments and arguments always be taken into account?

Rule 66.4bis

10.068.   Will amendments and arguments always be taken into account?  Amendments and arguments submitted will be taken into account if they are received in sufficient time.  In view of the limited time available for international preliminary examination, however, it is in the applicant’s interest to reply as soon as possible to any written opinion.  Amendments or arguments need not be taken into account by the International Preliminary Examining Authority for the purposes of a written opinion or the international preliminary report on patentability (Chapter II of the PCT) if they are received after the Authority has begun to draw up that opinion or report.

10.069.   It should be noted that the International Preliminary Examining Authority cannot force the applicant to make any change in the international application.  In other words the applicant may disregard any opinion of the said Authority, either wholly or in part.  Such an attitude may lead to an unfavorable or less favorable international preliminary report on patentability (Chapter II of the PCT), but the applicant may prefer such a report (in the hope that he will overcome, in the national phase, any difficulties that it may cause him) to a change which he does not believe in.

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

Date retrieved: 24 November 2017

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