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How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Amendments and informal comments
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84
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There is no possibility for any form of dialogue between the applicant and ISA on the content of the ISR and/or the WO-ISA. However, the applicant may submit amendments of the claims pursuant to Article 19 PCT as well as informal written comments to the WO-ISA (see point 85). These amendments and informal comments are to be filed exclusively with the IB.
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Art. 19 PCT
R. 46 PCT
WIPO PCT Guide 292 D
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Any amendment to the claims under Article 19 PCT is to be made:
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within two months of the date of transmittal of the search report, or
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·
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within 16 months of the (earliest) priority date,
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whichever time limit expires later.
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85
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Informal comments are to be submitted to the IB within the international phase, ie within 30 months of the (earliest) priority date, but preferably before 28 months from the priority date.
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PCT Newsletter 10/2004, 7
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86
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If a demand for preliminary examination is or will be filed, any response to the WO-ISA must be submitted to the IPEA under Article 34 PCT as part of the preliminary examination procedure (see point 139).
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