Article 19 Amendments

Date Published

Under Article 19, the applicant is entitled to amend the claims of the international application after receiving the ISR and ISO. The applicant may also file a brief statement explaining the amendments.

Article 19 amendments are always published as part of the pamphlet by the International Bureau (albeit sometimes as a republished pamphlet, together with the original claims.  In this case, it is the republished pamphlet that becomes the specification).  If the source of the Article 19 amendments is unknown, or the amendments are attached to other correspondence or filed separately, then there is a prima facie assumption that they are not bona fide amendments.  In this situation, examiners should confirm the existence of the Article 19 amendments by checking Patentscope.  (Amendments present on Patentscope are accepted as being the “official” amendments). If there are no Article 19 amendments present, then the amendments obtained from the unknown source (or attached to other correspondence or filed separately) do not form part of the specification and should be disregarded.

Note: If examiners have reason to believe that there are Article 19 amendments (for example, as indicated on the front page of the PCT pamphlet) and these are not on file, they should first check Patentscope.  If the amendments are available, a copy should be downloaded and attached to the case file.  If the amendments are not available, examiners should contact COG and request that a copy be obtained from WIPO.  Examination should not proceed until the amendments have been received.

Note: Where the National Phase Entry (NPE) date is after 23 December 2004, and the Article 19 amendments are made after NPE, then the amendments do not form part of the specification.