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1893.01(b)(2) MANUAL OFPATENT EXAMINING PROCEDURE
and (2) as in national practice under 37 CPR 153,
enable applicants to extend the period of time.
under 37CFR 1.I36(a) for submission of a proper
oath, declaration, or translation. The international
application enters the national stage under 35 U.S.C.
371 when the last of the items indicated in 35 U.S.c.
37l(c) and 37 CPR 1.491 is timely received by the
office.
An international application becomes abandoned if
the copy of the international application Or the basic
national fee has not been received by the U.S. Designated
Office priorto expiration of 30 months from the
priority date. A notification of any missing requirements
pursuant to 37 CPR 1.495 will only be mailed
in those instances where the applicant has paid the
basic national fee within 30 months from the priority
date.
The notice of missing requirements lists several
items which 37 CPR 1.497(a) and (b) require and all
of those items will have to be satisfied beforethe oath
or declaration is considered accepted. Similarly, the
translation must be a translation of the international
application. ,\translation ofless than all of the international
application (e.g., untranslated words in the
drawings or translations of thoseuntranslatedwords
in a different part of thedocnment) or a translation
that includes modifications, e.g., the insertion of
headings, is unacceptable. "Sequeuce Listing" need
not be trauslated if the "Sequence Listing" complies
with PCT Rule l2.l(d) and the description complies
with PCT Rule 5.2(b). See 37 CFR 1.495(c).
1893.01(b)(2)ArticIe 19 and Article 34
Amendments (Filed with the
International Preliminary
Examining Authority)
Paragraph. (d) of 37 CPR 1.495 states that if an
Article 19 amendment is not received before expiration
of 30 months from the priority date, it.is considered
to be canceled. Nevertheless, applicant may
submit a preliminary amendmentin accordance with
37 CFR 1.121 adding the substance of the Article 19
amendment to the national stage application. In some
instances, entry. of the subject matter via an amend"
ment under 37 CFR 1.121 may be preferable to entry
via Atticle 19. For example, where the Article 19
amendment was hot filed in English the amendment
August 2001
1800-138
would have to be translated into English in order that
it be submitted for entry into the national stage. The
translation must be submitted before expiration of
30 months from the priority date and the substitute
pages must be capable of insertion into the text of the
international application. Thus, where an Article 19
amendment was made in the international stage the
same amendment may be 'entered for the national
stage either in accordance with 35 U.S.C. 37l(c)(3) or
the amendments may be added via a preliminary
amendment in accordance with 37 CFR 1.121.
TRANSLATION OF AN ANNEX TO THE IN­
TERNATIONAL PRELIMINARY EXAMINA­
TIONREPORT
The translation of an Annex to the international
preliminary examination report must be submitted so
that the translation of the originally filed application
can be changed by replacing the originally filed application
page(s) (of translationjwith substitute page(s)
of translation of the annex. Where applicant chooses
to submit an English translation of the annex, applicant
should check to be sure that the English translation
can be entered by substituting the pages of
translation for corresponding pagesof the claims of
the international application without leaving an inconsistency.
If entry of the page of translation causes
inconsistencies in the specification or claims of the
international. applicati0 Il the translation will not be
entered. For example, if the translation of the originally
filed application has a page which begins with
claim r and ends. with a first part of claim 2 with the
remainder of claim 2 on the next page then translation
of the annex to only claim 1 must include a substitute
page or pages beginning with the changes to claim 1
and ending with thelast of the exactsame first part of
claim 2. This enables the original translated first page
of claims to be replaced by the translation of the
annex without changing the subsequent unamended
page(s). Alternatively applicant may submit a preliminary
amendment in accordance with 37 CFR 1.121.
1893.01(c) Fees
Because the national stage fees are subject to
change, applicants and examiners should always consult
the Official Gazette for the current fee listing,
Applicants are cautioned that national stage fees are
specifically provided for in 37CFR 1.492 and autho-