Which documents form the basis of the international preliminary examination? – Amendments – Missing parts and elements
Overview
4.2.001The applicant must indicate in Box No. IV of the demand form (PCT/IPEA/401) whether the international preliminary examination is to be based on the international application
–as (originally) filed,
or whether it should take account of
–amendments to the claims under Article 19 PCT and/or
–amendments to the claims, the description and/or the drawings under Article 34(2)(b) PCT.
The EPO acting as IPEA does not accept claims in the form of auxiliary requests, since this is not provided for under the PCT.
R. 53.9 PCT, R. 66.1 PCT, R. 66.4bis PCT, R. 66.5 PCT, R. 70.2(a) PCT, R. 70.2(c) PCT
WIPO PCT Guide 10.025, 10.061