PCT28条和41条关于进入国家阶段进行主动修改的内容
2009-12-23 14:04阅读：
AMENDMENT OF THE INTERNATIONAL APPLICATION FOR THE
NATIONAL
PHASE
Article 19，28，34(2)(b)，41，Rule 46，52.1，66.1，78
May the applicant amend the international application for the
national phase? The PCT
guarantees that the applicant may amend the claims, the description
and the drawings before
any designated Office. Although he already has had the opportunity
to amend the claims in the
international phase, he may wish to make further amendments, which
may be different for the
purposes of the various designated Offices, in the national phase,
or he may wish to amend also
the description or the drawings (which is not possible during the
international phase unless the
applicant has made a demand for international preliminary
examination). All designated and
elected Offices are obliged to permit such amendments for at least
one month from the time
when the applicant performs the steps necessary to enter the
national phas
e. That minimum
time limit may be later in certain exceptional circumstances
specified in Rules 52.1 and 78.
In
any event, most designated and elected Offices permit
amendments at any time during the
national examination procedure (if applicable). The National
Chapters give additional
indications in this respect.
专利合作条约28条与41条内容都一样，都是对PCT申请进入国家阶段时需要做主动修改的相关要求和规定，法条的内容具体如下：
PCT Article 28
Amendment of the Claims, the Description, and the Drawings, Before
Designated Offices
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The applicant shall be
given the opportunity to amend the claims, the description, and the
drawings, before each designated Office within the prescribed time
limit. No designated Office shall grant a patent, or refuse the
grant of a patent, before such time limit has expired except with
the express consent of the applicant. |
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The amendments shall not
go beyond the disclosure in the international application as filed
unless the national law of the designated State permits them to go
beyond the said disclosure. |
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The amendments shall be
in accordance with the national law of the designated State in all
respects not provided for in this Treaty and the Regulations. |
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Where the designated
Office requires a translation of the international application, the
amendments shall be in the language of the translation. |
中译文：
第２８条 向指定局提出对权利要求书、说明书和附图的修改
（１）申请人应有机会在规定的期限内，向每一指定局提出对权利要求书、说明书和附图的修改。除经申请人明白同意外，任何指定局，在该项期限届满前，不应授予专利权，也不应拒绝授予专利权。
（２）修改不应超出国际申请提出时对发明公开的范围，除非指定国的本国法允许修改超出该范围。
（３）在本条约和细则所没有规定的—切方面，修改应遵守指定国的本国法。
（４）如果指定局要求国际申请的译本，修改应使用该译本的语言。
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PCT Article 41
Amendment of the Claims, the Description, and the Drawings, Before
Elected Offices
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The applicant shall be
given the opportunity to amend the claims, the description, and the
drawings, before each elected Office within the prescribed time
limit. No elected Office shall grant a patent, or refuse the grant
of a patent, before such time limit has expired, except with the
express consent of the applicant. |
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The amendments shall not
go beyond the disclosure in the international application as filed,
unless the national law of the elected State permits them to go
beyond the said disclosure. |
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The amendments shall be
in accordance with the national law of the elected State in all
respects not provided for in this Treaty and the Regulations. |
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Where an elected Office
requires a translation of the international application, the
amendments shall be in the language of the translation. |
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