Administrative Instructions under the Patent Cooperation Treaty

Section 602
Processing of Amendments by the 
International Preliminary Examining Authority

(a)  The International Preliminary Examining Authority shall:

(i) indelibly mark, in the upper right-hand corner of each replacement sheet submitted under Rule 66.8, the international application number and the date on which that sheet was received;

(ii) indelibly mark, in the middle of the bottom margin of each replacement sheet, the words "AMENDED SHEET" or their equivalent in the language of the demand as well as an indication of the International Preliminary Examining Authority as provided for in Section 107(b);

(iii) keep in its files any replaced sheet, any replacement sheet, whether or not superseded, any letter accompanying such sheets and any letter referred to in the last sentence of Rule 66.8(b);

(iv) where any superseded replacement sheet and letter relating to such superseded replacement sheet are to be annexed to the international preliminary examination report under Rule 70.16(b), indelibly mark, in addition to the markings referred to in items (i) and (ii), in the middle of the bottom margin of each superseded replacement sheet and of each letter relating to a superseded replacement sheet, without obscuring the marking made under item (ii), the words "SUPERSEDED REPLACEMENT SHEET (RULE 70.16(b))"or, as applicable, the words "ACCOMPANYING LETTER (RULE 70.16(b))";

(v) annex to the copy of the international preliminary examination report which is transmitted to the International Bureau any replacement sheet and letter as provided for under Rule 70.16;

(vi) annex to the copy of the international preliminary examination report which is transmitted to the applicant a copy of each replacement sheet and letter as provided for under Rule 70.16.

(b)  Section 311(b)(ii) relating to the numbering of replacement sheets shall apply when one or more sheets are added under Rule 66.8.

(c)  Where the International Preliminary Examining Authority receives from the applicant a copy of a purported amendment under Article 19 submitted after the time limit set forth in Rule 46.1, the International Preliminary Examining Authority may consider such an amendment as an amendment under Article 34 in which case it shall inform the applicant accordingly.

(d)  Where the International Preliminary Examining Authority receives a copy of an amendment under Article 19, paragraphs (a) and (b) shall apply mutatis mutandis.