Algeria – Strict Deadline for Amendments (INAPI Practice Change)
The Algerian Patent Office (INAPI) has recently implemented a significant change in its practice concerning amendments to PCT applications entering the national phase.
According to INAPI, and in line with Article 26 of Ordinance No. 03-07 on patents, as well as Articles 28 and 41 of the PCT and Rules 52 and 78, amendments are only permitted within the prescribed legal deadlines. Any amended claims or modifications submitted after these deadlines will be rejected and will not be considered during substantive examination.
Under the updated practice, INAPI now strictly requires that all amendments be filed within one month from the date of entry into the Algerian national phase. Once this period has elapsed, applicants are no longer permitted to modify the substance of the application. Only corrections of material or clerical errors may be requested thereafter under Article 26, subject to supporting evidence and payment of the applicable rectification fees.
This approach marks a clear departure from previous practice, where amendments were sometimes accepted during substantive examination. Importantly, the new requirements are also being applied to pending applications.
In light of this development, applicants are strongly advised to ensure that any intended amendments are finalized and submitted either prior to or at the time of entry into the Algerian national phase, as this is now the only reliable way to secure their acceptance.
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