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Tarang Pharma, Hyderabad, filed a PCT application designating several countries. The International Searching Authority issued a written opinion saying some claims lack inventive step. Tarang wants to amend claims and get a further, non-binding assessment before spending on national phase fees. Which PCT facility suits this purpose?

Tarang should demand international preliminary examination under Chapter II of the PCT. It allows amendment of claims and a further non-binding assessment of novelty, inventive step and industrial applicability before national phase, whereas WIPO does not grant patents and the Budapest Treaty deals only with deposits.

  1. ARequesting international preliminary examination under Chapter II of the PCTCorrect
  2. BDepositing the invention under the Budapest Treaty
  3. CWithdrawing the priority claim under the Paris Convention
  4. DFiling a request for grant directly with WIPO

Explanation

Chapter II lets the applicant file a demand for international preliminary examination, amend claims and argue against the written opinion, yielding an international preliminary report on patentability, which is not binding on national offices. The Budapest Treaty concerns microorganism deposits, and WIPO does not grant patents.

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