PCT AG-IP 10.071 What must be done to effect amendments to the international application before the International Preliminary Examining Authority?

Rule 11.14
46.5
55.3
66.8
70.2(c-bis)

10.071.   What must be done to effect amendments to the international application before the International Preliminary Examining Authority? The applicant must submit a replacement sheet for every sheet which, on account of an amendment, differs from the sheet previously filed. The amendment must be submitted with an accompanying letter which explains the difference between the replaced sheet and the replacement sheet and which preferably explains the reasons for the amendment. In addition, the letter must indicate the basis for the amendment in the application. The basis for the amendment must always refer to the application (description, claims, drawings) as originally filed, even if multiple amendments were made during the international phase. When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted. For an example of how the basis for the amendment should be indicated, see paragraph 9.006. For the consequences of not furnishing an accompanying letter with the replacement sheets, see paragraph 11.047A. Where the amendment consists in the deletion of passages or in minor alterations or additions, the alterations or additions may be made on a copy of the relevant sheet of the international application, provided that the clarity and direct reproducibility of that sheet are not adversely affected. No replacement sheet is required where the amendment results in the cancellation of an entire sheet;  such an amendment may be communicated in a letter which preferably explains the reasons for the amendment. For amendments to the claims, see also paragraphs 9.005 and 9.006 in relation to the international search, which apply mutatis mutandis.  Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication.  Where the international preliminary examination is carried out on the basis of a translation of the international application (see paragraphs 10.011, 10.054 and 10.055), any amendments under Article 34 and any amendments under Article 19, which are to be taken into account, and any accompanying letter must be in the language of that translation. Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished (see paragraphs 5.013, 10.011 and 11.046). No fee is payable in respect of filing any amendments under Article 34(2)(b).  If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit.  If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority shall not take such amendments into account for the purposes of the international preliminary examination.

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

Date retrieved: 02 November 2015

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