Article 34 Pct Time Limit

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Another option is to file a Chapter II application to request international preliminary examination. This is an optional procedure that allows you to modify all parts of the application and submit arguments. A Chapter II application must be filed within 3 months of the date of transmission of the NIR and EO or within 22 months of the priority date, whichever is later. The request referred to in Chapter II shall be executed by the International Preliminary Examining Authority (IPEA). The examination does not begin before the expiry of the above period (3 months from the date of transmission of the ITRs and the MO or 22 months from the priority date, whichever is later), unless the applicant requests an earlier start. The Patent Cooperation Treaty (PCT) is an international treaty that allows an inventor to file a single international patent application, which preserves a priority date and gives the inventor more time to file national applications in certain countries. The treaty was signed in 1970 and entered into force in 1978. In recent decades, the PCT has become increasingly popular with more than 250,000 applications filed in 2019. If the registration of a change of name or person under PCT Rule 92bis.1 was requested prior to the filing of the request, the applicants registered at the time of filing the application must be indicated in the invitation. Due to the relatively short time frame for the completion of the preliminary examination, the request under Chapter II should be accepted immediately after the submission to the examiner of a new written opinion, if necessary, or the international preliminary examination report (Form PCT/IPEA/409). These guidelines clearly provide flexibility for the examiner. The auditor should be guided by the fundamental principle that the international preliminary audit report should be prepared with as little written comment as possible and that the resolution of as many problems as possible should be consistent with the objective of a timely and quality report. 1.09.

Should a copy of the amendments referred to in Article 19 be submitted to the examining authority responsible for the international reservation? If the applicant submits a request for international preliminary examination, he has a copy of the amendments made to the claims referred to in Article 19, the letter attached to the amended claims and the declaration referred to in Article 19 (if the amendment has been submitted, if the amendment is submitted, or at the same time as the amendment is submitted to the International Bureau (if the amendment is submitted). Where the International Preliminary Examining Authority requires a translation of the international application under Rule 55.2, the applicant must also provide a translation of all amendments made in accordance with Article 19 and of all letters annexed to the amendments if he wishes those amendments to be taken into account in the international preliminary examination. The International Bureau shall send to the International Preliminary Examining Authority a copy of all amendments, side letters and declarations referred to in Article 19 received before the filing of the application, unless that authority indicates that it has already received a copy. Where an amendment, the cover letter and any declaration referred to in Article 19 are received after the submission of the application, the International Bureau shall in any event send a copy thereof to the international preliminary examining authority, but the timely submission of a copy of those documents by the applicant directly to that authority shall ensure that the international preliminary examination continues without undue delay or uncertainty. See PCT Guide for Applicants, paragraphs 10.024 to 10.028 in the context of the application form. The applicant may make changes at the time of application. The applicant may also make amendments within the time limit set by the international preliminary examination in order to respond to a communication in accordance with § 1.484 (b) or to written observations. These amendments must be made in accordance with PCT Rule 66.8. If the applicant wishes to amend the PCT application only for claims, he may do so in accordance with Article 19. Under that provision, the applicant may not alter the description or drawings. Amendments to claims must be filed with the International Bureau and drafted in the language in which the international application was published.

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