Quick Navigation

 

Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Amending the application – Rule 161/162 communication
489
For the purpose of the procedure before the EPO as designated/elected Office the applicant may always file (voluntary) amendments within the 31-month time limit, and if he subsequently changes his mind he may file (further) amendments until expiry of the time limit set in the combined communication under Rules 161 and 162 EPC (Rule 161/162 communication). As set out below, the applicant may also be required to file (mandatory) amendments to and/or comments on the application within the time limit set in the Rule 161/162 communication (see point 504). Whether or not a response is mandatory is clearly stated in the communication, its wording thus differing depending on the case (EPO Forms 1226AA and 1226BB).
490
The Rule 161/162 communication is issued for each application promptly once the application has entered the European phase and on condition that the ISR is available to the EPO. This means that it is also issued if the applicant has already filed, with Form 1200 or thereafter, amendments and/or comments to form the basis for the procedure in the European phase.
491
Pursuant to Rules 161 and 162 EPC the time limit set in the communication is six months. This time limit cannot be extended.
492
After expiry of the six-month time limit further possibilities for amending the application are limited. If a supplementary European search is carried out, the applicant always has one further opportunity to submit amendments upon receipt of the report (see point 499). Amendments made thereafter require the consent of the examining division.
493
Amendments may under no circumstances go beyond the disclosure in the international application as filed.  
494
Whenever amendments are filed, the applicant must identify them and indicate their basis in the application as filed. If he fails to do so, the examining division may issue a communication requesting correction of the omission within a non-extendable time limit of one month. If the deficiency is not remedied in due time, the application will be deemed withdrawn under Article 94(4) EPC. The loss of rights can be remedied with further processing.