Pct Article 19 And 34 Amendments

Amendments to Patent Claims: Article 19 vs. Article 34

Subtle Distinctions between Two Amendment Procedures

Introduction

The Patent Cooperation Treaty (PCT) provides two distinct avenues for amending patent claims: Article 19 and Article 34. While both articles aim to facilitate claim amendments, they differ in several key aspects, including the subject matter of the amendments, the timing, and the applicable procedures.

Subject of Amendments

Article 34: Amendments under Article 34 focus on altering the scope of the invention as defined in the claims. They allow for the addition, deletion, or modification of claims to ensure they accurately reflect the invention disclosed in the application.

Article 19: In contrast, amendments under Article 19 are limited to correcting errors or omissions in the claims. They cannot expand or alter the scope of the invention beyond what was originally disclosed.

Timing

Article 34: Amendments under Article 34 can be filed at any time during the international phase of the PCT application, which typically spans 30 months from the filing date.

Article 19: Amendments under Article 19 must be filed before the international preliminary examination report (IPER) is issued. The IPER is typically issued within 18 months from the filing date.

Procedures

Article 34: Amendments under Article 34 are filed with the International Bureau of WIPO, which communicates them to designated offices for their examination and approval.

Article 19: Amendments under Article 19 are filed directly with the International Searching Authority (ISA), which examines them and decides whether they meet the criteria for correction of errors or omissions.

Conclusion

The choice between amending claims under Article 19 or Article 34 depends on the specific circumstances of the application. For minor corrections or omissions, Article 19 provides a straightforward and timely solution. For substantial changes to the scope of the invention, Article 34 offers more flexibility and allows for a comprehensive review by designated offices.