PCT AG-IP 9.010 Should a copy of amendments under Article 19 be filed with the International Preliminary Examining Authority?

Rule 53.9(a)(i)
55.3
62.1
62.2

9.010.   Should a copy of amendments under Article 19 be filed with the International Preliminary Examining Authority?  If the applicant submits a demand for international preliminary examination, he should file a copy of the amendments to the claims under Article 19, the letter which accompanied the amended claims and the statement under Article 19(1) (if any) with the International Preliminary Examining Authority with the demand (if the amendment has already been filed) or at the same time as he files the amendment with the International Bureau (if the amendment is filed after the demand). Where the International Preliminary Examining Authority requires a translation of the international application under Rule 55.2, the applicant should also furnish a translation of any amendments made under Article 19 and any letter that accompanied the amendments if he wishes those amendments to be taken into account for international preliminary examination. The International Bureau transmits a copy of any amendment, accompanying letter and any statement under Article 19 received prior to the filing of the demand to the International Preliminary Examining Authority unless that Authority indicates that it has already received a copy. If an amendment, the accompanying letter and any statement under Article 19 are received after the demand has been filed, the International Bureau transmits a copy to the International Preliminary Examining Authority in any event, but timely filing of a copy of these documents by the applicant direct with that Authority ensures that the international preliminary examination will proceed without undue delay or uncertainty. See paragraphs 10.024 to 10.028 in connection with the demand form.

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

Date retrieved: 02 November 2015

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