In September 2009, the PCT Union Assembly adopted a series of modifications to the PCT Regulation which will come into effect next July 1, 2010. The general concepts are as follows:

I. Modifications to claims, descriptions and drawings

1.- Modification to claims presented to the International Office:

Under Article 19 of the Treaty, where the applicant modifies claims:

• Claims originally filed shall be identified and have been canceled as a result of the modifications. (Rule 46.5.b) i)).
  
• Modifications shall be based on application content as it was filed. (Rule 46.5.b) ii)).

2.- Modifications to descriptions and drawings presented to the International Preliminary Examining Authority (IPEA):

When modifications are made to descriptions and drawings, applicants are required to provide a replacement sheet for every international application sheet that has been modified. These replacement sheets shall be accompanied by a letter highlighting the differences between the existing and modified sheets, and form the basis for modifications in the content of the application as it was filed, as well as the reasons for such changes. (Rule 66.8)).

Disclaimer: The current procedure in force for modifying claims presented to the IPEA has not been changed in the Regulation. Under Rule 66.8.c), when modifying claims presented to the IPEA Rule 46.5 will be applied, which states that the applicant must submit one or several sheets containing a complete set of claims which replace all the claims originally submitted.

3.- If, when modifying claims, descriptions or drawings, the applicant fails to indicate its basis, the international preliminary examination report could state that no such modifications were made. (New Rule 70.2 (c-bis)).


II. Modification of the procedure for establishing equivalent amounts in other currencies

Changes have been made to the procedure for establishing the equivalent amount in other currencies for the search fee, the supplementary search fee, the international filing fee and handling fee (Rules 15.2, 15.3, 15.4, 15.5, 15.6, 16.1, 16bis. 1, 19.4, 57.2, 57.4, 57.5, and 57.6).

III. Limits and conditions of Intenational Authorities

Clarifications are made to the various types of limits and conditions that International Search and Preliminary Examining Authorities may establish in the Agreement Article 16.3.b) of the PCT. They primarily refer to:

• Preparations required for supplementary searches.
  
• Conditions for repayment of the supplementary search fee and supplementary handling fee.
  
• The applicable currency and the inclusion of the last rate referenced in the PCT Regulation Schedule of Fees. (Rules 45. bis .1, 45. bis .2, 45. bis .3, 45. bis .5, 45. bis .6, 45. bis .9, and 96.1).

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