PCT AG-NP 6.013 May the applicant amend the international application for the national phase?

Article 19
Rule 46

6.013.   May the applicant amend the international application for the national phase?  The PCT guarantees the applicant an opportunity to amend the claims, the description and the drawings before any designated Office.  Although he already has had the opportunity to amend the claims in the international phase, he may wish to make further amendments, which may be different for the purposes of the various designated Offices, in the national phase, or he may wish to amend also the description or the drawings (which is not possible during the international phase unless the applicant has made a demand for international preliminary examination).  All designated and elected Offices are obliged to permit such amendments for at least one month from the time when the applicant enters the national phase.  That minimum time limit may be later in certain exceptional circumstances specified in Rules 52.1 and 78.  In any event, most designated and elected Offices permit amendments at any time during the national examination procedure (if applicable).  In certain designated or elected Offices, where examination must be specifically requested, the request for making amendments may only be made after the applicant has entered the national phase.  The National Chapters give additional indications in this respect.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np06.html

Date retrieved: 24 November 2017

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