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European Patent Convention (EPC 1973)

 
 

Rule 86 125

Amendment of the European patent application

Art. 92, 96, 123
R. 41, 49, 51, 57a, 109



(1) Before receiving the European search report the applicant may not amend the description, claims or drawings of a European patent application except where otherwise provided.


(2) After receiving the European search report and before receipt of the first communication from the Examining Division, the applicant may, of his own volition, amend the description, claims and drawings.


(3) After receipt of the first communication from the Examining Division the applicant may, of his own volition, amend once the description, claims and drawings provided that the amendment is filed at the same time as the reply to the communication. No further amendment may be made without the consent of the Examining Division.


(4)126 Amended claims may not relate to unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive concept.



125 See Legal advice No. 4/80. (Annex II) and decisions/opinions of the Enlarged Board of Appeal G 3/89, G 11/91, G 7/93 (Annex I).

126 Inserted by decision of the Administrative Council of 13.12.1994 which entered into force on 01.06.1995 (OJ EPO 1995, 9 ff).

Cross-reference list
R. 86 R. 137