Article 19 Pct

Amendment of the Claims Before the International Bureau

Introduction

Article 19 of the Patent Cooperation Treaty (PCT) provides applicants with the opportunity to amend their claims before entering the designated phase.

Purpose of Amendments Under Article 19 PCT

Amendments under Article 19 PCT are primarily used to:

1. Correct errors or omissions in the originally filed claims.
2. Respond to objections or concerns raised by the International Searching Authority (ISA).
3. Narrow the scope of the claims to focus on the invention's most distinctive features.
4. Broaden the scope of the claims to cover additional aspects of the invention.

Procedure for Amendment

To amend the claims under Article 19 PCT, the applicant must file a written request with the International Bureau (IB) before the expiration of the 30-month time limit from the priority date.

Publication of Amendments

Amendments made under Article 19 PCT are published by the IB in the PCT Gazette approximately three months after they are filed. This publication provides notice to third parties of the amended claims and allows them to comment if necessary.

Consequences of Amendments

Amended claims under Article 19 PCT replace the originally filed claims for all designated countries. However, the amended claims cannot expand the scope of the invention beyond what was originally disclosed in the application.

Benefits of Amendments Under Article 19 PCT

Amendments under Article 19 PCT offer applicants several benefits, including:

1. Enhanced clarity and accuracy of the claims.
2. Improved chances of obtaining a patent by addressing concerns raised by the ISA.
3. Greater protection for the invention by broadening or narrowing the scope of the claims as desired.

Conclusion

Amendments under Article 19 PCT are a valuable tool for applicants to refine their claims and increase their chances of success in the PCT process. By carefully considering the benefits and consequences of amendments, applicants can tailor their patent applications to best protect their inventions.