Law - Amendment of PCT Claims Under Article 19

The applicant is provided with an opportunity to amend the claims after the international search report is prepared by the International Searching Authority. A letter transmitting replacement sheets containing claims amended under PCT Rule 46.1 must be filed within 2 months after the date of transmittal of the international search report or within 16 months of the priority date, whichever is later. Amended claims received by the International Bureau after the expiration of the applicable time limit are considered to have been filed within the time limit if they reach the Bureau before the technical preparations for international publications have been completed, which typically occurs 17 1/2 months after the priority date.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1844.01 - Time for the International Search Report
MPEP 1853 - Amendment Under PCT Article 19
MPEP 1871 - Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination
PCT Rule 46.1 - Time Limit

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