PCT AG-IP 10.076 How are amendments to the international application referred to in the international preliminary report on patentability (Chapter II of the PCT)?

Rule 70.2(c-bis) and (e)
70.16

10.076.   How are amendments to the international application referred to in the international preliminary report on patentability (Chapter II of the PCT)?  The international preliminary report on patentability (Chapter II of the PCT) identifies the basis on which it is established – that is, whether, and if so, which, amendments have been taken into account.  If amendments were made either under Article 19 and/or Article 34, but the applicant failed to submit the required accompanying letter to the International Bureau or the International Preliminary Examining Authority, the report may be established as if the amendments concerned had not been made and the report shall so indicate.  The following are attached as “annexes” to the international preliminary report on patentability (Chapter II of the PCT):  replacement sheets containing amendments under Article 19 and/or Article 34, which have been taken into account, and any accompanying letters, and replacement sheets containing rectifications of obvious mistakes, and accompanying letter authorized under Rule 91.  Where a rectification of an obvious mistake is not taken into consideration because it has reached the International Preliminary Examining Authority only after it has begun to draw-up the report and, as a result, was not taken into account, the report shall so indicate and the sheets relating to the rectification will be annexed to the report.  Amendments under Article 19 which have been considered as reversed by an amendment under Article 34 (see paragraph 10.026) or which have been superseded by later replacement sheets, or amendments resulting in the cancellation of entire sheets, are not annexed to the report neither are the letters which accompany such replacement sheets.  However, if the International Preliminary Examining Authority considers that the superseding or reversing amendment goes beyond the original disclosure, each superseded or reversed replacement sheet and any letter relating to such sheets are nevertheless annexed to the report.  Similarly, if the applicant failed to submit, together with the superseding or reversing amendments, the required accompanying letter, indicating the basis of the amendment in the application as filed, and where, as a result, the report is established as if the superseding or reversing amendments had not been made, each such superseded or reversed replacement sheet and any letter relating to such sheets are nevertheless annexed to the report.

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

Date retrieved: 02 November 2015

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