10.061. What documents form the basis of the international preliminary examination? The international preliminary examination is based on the claims, the description and the drawings comprised in the international application. Amendments to the claims under Article 19 made before the demand was filed are taken into account unless they are superseded by a subsequent amendment under Article 34 (see paragraph 10.028) or considered as reversed by an amendment under Article 34 (see paragraph 10.026). Amendments made after the demand is filed, whether under Article 19 or under Article 34, are also taken into account for the purposes of the international preliminary examination, except that they need not be taken into account for the purposes of a written opinion of the International Preliminary Examining Authority or the international preliminary report on patentability (Chapter II of the PCT) if they are received after the International Preliminary Examining Authority has begun to draw up that opinion or report. As to the allowability of amendments in general, see paragraph 11.047.
Date retrieved: 24 November 2017