PCT AG-NP 4.014 Which are the claims that must be translated where the claims have been amended under Article 19?

Rule 49.5(a)(ii)

4.014.   Which are the claims that must be translated where the claims have been amended under Article 19The designated Offices have the right to require a translation of the claims both as originally filed and as amended under Article 19.  Each National Chapter (Summary) contains information on the applicable requirements.  As to translations of the claims as amended under Article 19 in a case where the international application has been the subject of international preliminary examination, see paragraph 4.019.

Rule 49.5(c-bis)

4.015.   Where a designated Office requires a translation of both the claims as filed and of the claims as amended under Article 19, but the applicant furnishes only one of the required two translations, the designated Office either disregards the claims of which a translation has not been furnished or invites the applicant to furnish the missing translation within a time limit which must be reasonable in the circumstances.  If such an invitation is issued but the missing translation has still not been furnished within that time limit, the designated Office may either disregard the claims whose translation is missing or consider the international application withdrawn.

Rule 49.5(l)

4.016.   The procedures outlined in paragraph 4.015 do not apply in all designated Offices.  The various National Chapters (Summary) indicate, for each designated Office which requires a translation of both the claims as filed and of the claims as amended under Article 19, whether an invitation is issued where both translations are not filed and what the consequences are if the missing claims are not furnished in response to such an invitation.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np04.html

Date retrieved: 02 November 2015

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