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Amendments at Indian National Phase: In Harmony with PCT Standards?

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Title Amendments at Indian National Phase: In Harmony with PCT Standards?
 
Creator V P, Akhila
Bose, Christy C
 
Subject PCT
Article 28
Article 41
Claim Amendments
Indian National Phase Application
Patent Office Manual
Voluntary Amendment
 
Description 61-67
The Patent Cooperation Treaty (PCT) under Article 28 / Rule 52 or Article 41 / Rule 78 guarantees the applicant the right to
amend claims, description and drawings before each designated/elected office, on national phase entry or at least one month
thereafter, further to the amendments submitted during the International phase of the application. The Indian Patent Office
(IPO) however refuses to allow amendments while entering the national phase,1 except for deletion2 of one or more claims
under Rule 20(1)3 of the Patent Rules 2003. The Patent Offices of other PCT signatories like the European Patent Office
(EPO), the US Patent and Trademark Office (USPTO), the Intellectual Property Office of Singapore (IPOS)4, the Chinese
Patent Office (CNIPA) and the Brazilian Patent and Trademark Office (INPI)allow this amendment under Article 28/Article
41 PCT. The IPO accepts all other types of amendments such as merging of two or more claims, alteration of the claim
language, etc. only during the national phase proceedings. These amendments can be made either through a request for
voluntary amendments in Form 13 along with payment of the associated fee, or in response to the examination report. The
latter requires, the applicant to wait until the examination report is communicated. In this article, we are attempting to
analyze whether India is in line with the above mentioned provisions of PCT in respect ofproviding the applicants an
opportunity to amend the claims further from that on file in the international phase, at the time of filing the national phase
application.
 
Date 2022-03-03T11:39:46Z
2022-03-03T11:39:46Z
2022-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/59276
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.27(1) [January 2022]