Which documents form the basis of the international preliminary examination? - Amendments

139 The applicant must indicate in Box No. IV of the demand form (PCT/IPEA/401) whether the international preliminary examination is to be based on the international application

Art. 19, 34 PCT R. 53.9, 66.1, 66.4bis, 66.5, 70.2(a) and (c) PCT WIPO PCT Guide 345 ff, 387

·

as originally filed,

or whether it should take account of

·

amendments to the claims under Article 19 PCT, and/or

·

amendments to the claims, the description and/or the drawings under Article 34(2)(b) PCT.

140 If amendments under Article 19 PCT are to be taken into account, the applicant must enclose a copy with the demand.

Art. 34(2)(b) PCT R. 66.1(b), 66.4bis PCT WIPO PCT Guide 349 OJ 2001, 542

Amendments and arguments filed under Article 34(2) PCT must be taken into account by the EPO as IPEA if they are filed before expiry of the time limit for filing the demand (see point 115), but should preferably be filed together with the demand. Subsequent amendments filed thereafter will only be taken into account by the EPO as IPEA if they are received before the point at which preparation of a written opinion or the IPRP Chapter II has actually started. Amendments not taken into account may be (re-)filed with the elected Offices upon entry into the regional/national phase.

Applicants must indicate in an accompanying letter the difference between the application as originally filed and any amendments made under Article 34 PCT and, in their own interest, should indicate the reasons underlying any such amendments.

R. 66.8(a) PCT