Patent bar PCT, foreign filing licenses and international designs question: amendments of the claims reach the International Bureau

Patent barPCT, foreign filing licenses and international designs

A PCT application claims priority to an application filed on January 15, 2025. The international search report and written opinion were transmitted to the applicant on April 22, 2026. By when should Article 19 amendments of the claims reach the International Bureau?

A November 15, 2026
B July 15, 2026
C Any time before national stage entry
D June 22, 2026
E May 15, 2026

Show the answer and explanation

Answer: D. June 22, 2026

Answer: June 22, 2026. Under PCT Rule 46.1, the time limit for Article 19 amendments is two months from transmittal of the international search report or 16 months from the priority date, whichever expires later. Two months after April 22, 2026 is June 22, 2026, a Monday; sixteen months from January 15, 2025 is May 15, 2026. The later date governs (MPEP 1853). Why not the others: - May 15, 2026: the 16-month date is earlier here. - July 15, 2026: 18 months, when publication normally occurs. - November 15, 2026: 22 months, the usual demand deadline. - Before national stage: Article 19 amendments have their own international-phase time limit. Rule: Article 19 amendments: later of 2 months from ISR transmittal or 16 months from priority. Source: MPEP § 1853 (9th ed., Rev. 01.2024); PCT Art. 19, Rule 46.1; as at Oct 2026

Common mistake

Using the 16-month date when the search report arrived late.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.