PCT AG-IP 9.011 In what circumstances should the claims be amended under Article 19?

Article 34(2)(b)
Rule 48.2(f)

9.011.   In what circumstances should the claims be amended under Article 19?  Since any amendments of the claims under Article 19 are published with the international application (see paragraph 9.015), such amendment may be useful to the applicant if there is a reason to better define the scope of the claims for the purposes of provisional protection in those designated States whose national law provides for such protection (see paragraph 9.024).  It is to be noted that, where international preliminary examination takes place, the applicant has the right under Article 34(2)(b) to file amendments to the claims (as well as to the description and the drawings) with the International Preliminary Examining Authority, regardless of whether or not he has filed amendments to the claims under Article 19 with the International Bureau (see paragraphs 10.024, 10.028, 10.067 to 10.071, and 11.045 to 11.047).  There is therefore normally no need to amend the claims under Article 19 where a demand for international preliminary examination is filed, unless there is a particular reason related to provisional protection or otherwise for amending the claims before international publication.

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

Date retrieved: 24 November 2017

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