Modifications after receipt of the RRI (A19 PCT)

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Chapter 1. Amendments and deadlines

The applicant has the right to modify, once, the claims of the international application after receipt of the IPP and (A19.1 PCT together R46.1 PCT):

  • while 2 months from the transmission of the RRI by the ISA;
  • at least until the expiry of 16 months from the priority.

Nevertheless, if the ISA has declared (under A17.2 PCT) an IPP will not be established, no modification is possible (Guide for the applicant §9.004).

In addition, the partial RRI inviting the applicant to pay additional fees does not delay the delay (PCT Newsletter n ° 7/2008).

These changes must be sent to the IB (A19.1 PCT together R46.2 PCT).

If the modification reaches the end of the technical preparations for publication (ie 15 days before publication, Guide for the applicant §9.013), the amendments are deemed to have been delivered on time (R46.1 PCT).

The IB shall promptly notify the designated Offices of these changes and the applicant accordingly (R47.1.b PCT).

Chapter 2. Form of changes

Section 2.1. Supply of modifications

2.1.1. contents

The applicant is required to submit replacement sheets containing a complete set of claims in order to replace all claims as filed (R46.5.a PCT).

The changes can be a deletion, an addition, a modification of the text. Claims must be numbered in consecutive Arabic numerals (Administrative instructions 205.a).

2.1.2. Language

These modifications must be filed in the language of publication of the international application:

  • cf. R12.2.a PCT if that language is identical to the language of filing or
  • cf. R46.3 PCT, if a translation is necessary to be in a language of publication.

As a reminder, the languages of publication are (R48.3.a PCT):

  • German,
  • English,
  • Arab,
  • Chinese,
  • Korean,
  • Spanish,
  • French,
  • Japanese,
  • Portuguese or
  • Russian.

Section 2.2. Indications of changes

2.2.1. contents

Amendments must be indicated in a cover letter (R46.5.b PCT and Administrative Instructions 205.b). For each of the claims, indicate whether:

  • the claim is not modified;
  • the claim is deleted;
  • the claim is new;
  • the claim replaces one or more claims as filed;
  • the claim is the result of the division of a claim as filed;
  • the claim replaces one or more claims as previously modified;
  • the claim is the result of the division of a claim as previously modified.

The absence of such a cover letter or the absence of an indication of the changes does not affect the international phase (unless an international review is requested, in which case the IPEA may refuse to consider such changes. , R70.2.c-bis PCT).

2.2.2. Language

The letter indicating the changes must be in French or English because it is sent to the IB (A19.1 PCT together R46.2 PCT together R92.2.d PCT).

Section 2.3. Declaration of the applicant

2.3.1. contents

A brief statement (A19.1 PCT) may also be performed by the applicant (max 500 words, R46.4.a PCT) if it relates to the modifications made (R46.4.b PCT).

This declaration must be introduced by the form "Declaration in accordance with Article 19.1" (R46.4.a PCT).

This declaration is published at the same time as the international application (R48.2.a.vi PCT).

If it does not comply with the preceding rules, it is not published or communicated to the designated Offices (Guide for the applicant §9.008).

2.3.2. Language

The brief statement must be in the language of the publication of the application (R46.4.a PCT).

As a reminder, the languages of publication are (R48.3.a PCT):

  • German,
  • English,
  • Arab,
  • Chinese,
  • Korean,
  • Spanish,
  • French,
  • Japanese,
  • Portuguese or
  • Russian.

Chapter 3. Prohibition of new elements

The modifications must not go beyond the disclosure of the invention in the application as filed (A19.2 PCT).

This prohibition is examined in particular during the international examination (R66.2.a.iv PCT).

Designated States are not bound by this provision (A19.3 pct).

Chapter 4. Copying amendments to IPEA

If the applicant modifies his application under theA19 PCThe must also file a copy of these amendments (as well as the other documents mentioned above) together with the request for examination (R53.9.ai PCT).

A translation of the changes may be requested by HIFIS as for the rest of the application (R55.3.b.ii PCT).

In any case, even if the depositor has forgotten, the IB also sends a copy unless the IPEA indicates that it has already received it (R62.2 PCT).

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