Quick Navigation

 

Guidelines for Examination

 
 

2.2 Examination of amendments as to formalities

The Receiving Section examines amendments, filed before the receipt of the search report, for formal requirements. Such amendments must remedy the deficiencies notified by the Receiving Section. The description, claims and drawings may be amended only to an extent sufficient to remedy the disclosed deficiencies and this requirement makes it necessary for the Receiving Section to compare any amended description, claims and drawings with those originally filed. Where, for example, a fresh description is filed to replace an earlier description that was objected to on account of non-compliance with the physical requirements, the Receiving Section must compare both descriptions and the objection is not met until there is identity of wording. However, identity of wording with the application documents as originally filed is not a requirement for amendments rectifying the following deficiencies:

(i)
filing at least one claim according to Rule 58, where no claims existed on filing (see A‑III, 15) (these claims must still satisfy the requirements of Art. 123(2), but this check is carried out by the Search and Examining Divisions)
(ii)
the filing of missing parts of the description, or drawings according to Rule 56 (see A‑II, 5).

Amendments which extend beyond the remedying of deficiencies and which are filed prior to receipt of the search report may be taken into consideration in the subsequent procedure provided that, on receipt of the search report, the applicant declares that he wishes them to be maintained.

Examination as to formalities of amendments filed after the receipt of the search report and before the application is transferred to the Examining Division is the responsibility of the Receiving Section.

The procedure for effecting amendments is dealt with in H‑III, 2.