3.3 Amended claims, missing parts (Rule 56) or erroneously filed application documents or parts (Rule 56a)
3.3.2 Specific rules applicable to Euro-PCT applications
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A revised version of this publication entered into force. |
Where a European application derives from an earlier international application, applicants may have amended the international application in the international phase, either after receipt of the international search report (Art. 19(1) PCT) or during international preliminary examination (Art. 34(2)(b) PCT). Applicants may then specify that they wish to enter the European phase with these or otherwise amended application documents (including claims) according to Rule 159(1)(b). Furthermore, applicants are given the opportunity by the EPO to amend the application documents (including the claims) within a set time limit (Rule 161(2), see E‑IX, 3). The application as amended serves as the basis for any supplementary European search which has to be performed pursuant to Art. 153(7) (see B‑II, 4.3 and B‑XI, 2).
Where the claims of an international application on entry into the European (regional) phase are amended in such a way as to contravene Art. 123(2), the procedure explained in B‑VIII, 6 applies.