PCT AG-NP 4.019 What must be translated where the international application has been the subject of international preliminary examination?

Article 36(2)(b)
Rule 70.16
74.1
76.5

4.019.   What must be translated where the international application has been the subject of international preliminary examination?  Amendments to the description, claims or drawings under Article 34 that have been filed with the International Preliminary Examining Authority and have been taken into account for the establishment of the international preliminary report on patentability (Chapter II of the PCT) will be annexed to that report.  Any amendments under Article 19 as well as replacement sheets containing rectifications of obvious mistakes authorized under Rule 91.1(b)(iii), will similarly be annexed to the report if they have been taken into account (that is, they will in general not be annexed to the report if they have been superseded by later amendments or considered as reversed by an amendment under Article 34.  However, exceptionally where the International Preliminary Examining Authority considers that a superseding or reversing amendment goes beyond the disclosure in the international application as filed, the replacement sheet superseded or reversed by the most recent superseding or reversing amendment will nevertheless be annexed to the report, and the report will contain an indication of this as referred to in Rule 70.2(c)).  A translation of the amendments annexed to the report must be furnished together with the translation of the international application within the applicable time limit under Article 39(1).

Rule 70.16
76.5(iv)

4.020.   If there have been any amendments under Article 19 which are not annexed to the international preliminary report on patentability (Chapter II of the PCT), a translation of those amendments need not be furnished to most elected Offices.  A few elected Offices do, however, require translations of amendments under Article 19 even if they are not annexed to the international preliminary report on patentability (Chapter II of the PCT) – see the various National Chapters (Summary) for details.

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

Date retrieved: 02 November 2015

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