PCT AG-IP 9.009 What happens where the replacement sheets were not accompanied by a letter?

Article 19(2)
and (3)
Rule 66.2(a)(iv)

9.009.   May the amended claims include new matter?  The PCT provides that amendments are not to go beyond the disclosure in the international application as filed.  This requirement is not directly enforceable during Chapter I of the international phase, but failure to comply with it may have adverse consequences for the applicant during the international preliminary examination and in the national phase (see paragraphs 10.070 and 11.047 below).

9.009A.   What happens where the replacement sheets were not accompanied by a letter?  The PCT requires that replacement sheets filed with Article 19 amendments must be accompanied by a letter indicating the basis for the amendment to the claims (see paragraph 9.006). Substantive compliance with this requirement is not checked during the international phase unless the applicant requests international preliminary examination but failure to comply with it may have adverse consequences for the applicant during international preliminary examination and in the national phase (see also paragraph 11.047A below).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip09.html

Date retrieved: 24 November 2017

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