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What is the PCT? Want to change after PCT submission? You need this revision guide!

Release Time：

2022-09-21

International patent applications, from the beginning of the application to the patent, can go through a long time. I often receive inquiries: Can the PCT application be corrected or modified after it has been submitted? If so, what should be done? At what stage can a PCT application be amended? What can be changed?

A: Yes, there is still a chance to amend the PCT after it is submitted，mainly divided intoInternational stage and national stageTwo periods of modification.

Below, Fangyuan Jiahe will explain in detail the relevant content of PCT modification.

What is the PCT?

The Patent Cooperation Treaty (PCT) is an international treaty for cooperation in the field of patents. In short, an applicant only needs to approve a single application document to apply for a patent in all PCT States parties.

Patent applicants can only apply for patents through the PCT, and cannot obtain patents directly through the PCT. In order to obtain a patent in a certain country, the patent applicant also needs to go through the formalities of entering the country, and the Patent Office of the country can be granted a patent after the examination of the patent application.

How can the PCT be modified at the international stage?

Under the PCT, an international application can be amended twice during its international phase.

1, the first opportunity for amendment is in accordance with Article 19 of the PCT Treaty

Upon receipt of the international search report, the applicant shall be entitled to an opportunity to amend the rights in the international application by submitting amendments to the International Bureau within a specified period of time. A short statement may be made at the same time, as required by the subsidiary rules, explaining the changes and indicating any effect they may have on the specification and the drawings. However, the amendment should not go beyond what is disclosed in the international application that has been filed.

In addition, Article 26 of the PCT stipulates that any designated authority must give the applicant prior opportunity to amend an international application in accordance with the scope and procedure of amendment provided by national law for the same or similar cases of national applications, without which an international application may not be rejected on the ground that it does not meet the requirements of this Treaty and its subsidiary rules.

2, The second opportunity for amendment is in accordance with Article 34 (2) of the PCT Treaty

Before the international preliminary examination report is made, the applicant has the right to amend the claims, specifications and drawings in the prescribed manner and within the prescribed time limit. Such modification shall not go beyond the disclosure of the invention at the time of the international application.

How to modify PCT when entering the national stage?

After entering the national stage, amendments to the claims, specifications and drawings may be submitted to the designated Office and the Selected Office respectively in accordance with Articles 28 and 41 of the PCT Treaty.

1, Article 28 The amendment of the claims, specifications and drawings shall be submitted to the designated Office

(1) The applicant shall have the opportunity to make amendments to the claims, specifications and drawings to each designated Office within the prescribed time limit. Except with the express consent of the applicant, no patent right shall be granted or refused by any designated office prior to the expiration of such period.

(2) The modification shall not go beyond the scope of the disclosure of the invention at the time of the international application, unless the domestic law of the designated State allows the modification to go beyond that scope.

(3) In all respects not provided for in this Treaty and the Rules, amendments shall be subject to the domestic law of the designated State.

(4) If the designated Office requests a translation of the international application, the amendment shall be made in the language of the translation.

2. Article 41 proposes amendments to the claims, specifications and drawings to the selection office (Article 41 and Article 28 are consistent in terms of content, but the object has changed from "designated office" to "selected Office")

(1) The applicant shall have the opportunity to amend the rights, specifications and drawings to each selection Office within the prescribed time period. No elective Office shall grant a patent or refuse to grant a patent until such time period has expired, except with the express consent of the applicant.

(2) Except with the permission of the selected State, such modifications shall not go beyond the disclosure of an international application already filed.

(3) In all respects not provided for in this Treaty and its subsidiary Rules, such modifications shall be subject to the domestic law of the selected State.

(4) If the Selective Office requests a translation of the international application, the amendment shall be made in the language of that translation.

Here is a comparison table:

PCT application involves a lot of professional legal knowledge, it is recommended that you timely understand the relevant amendment provisions of PCT application, if not clear, you can seek professional assistance to make appropriate amendments, so as to avoid missing the opportunity to correct or modify the content of the document. Shenzhen Trusted Patent Agency - all-round escort for your intellectual property!

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