Guidelines for Examination

Amendments made by the applicant of his own volition

Any amendment, including any made by the applicant of his own volition, must satisfy the following conditions:

(i)

it must not add subject-matter to the content of the application as filed (see H-IV, 2.3 and H-V, 1 to 7);

(ii)

it must not itself cause the application as amended to be objectionable under the EPC, e.g. the amendment must not introduce a lack of clarity into the claims (Art. 84); and

(iii)

it must comply with Rule 137(5) (see H-II, 6).

If the amendments do not meet these conditions, the applicant should be told that the amended application cannot be allowed. Apart from the amendments referred to in C-III, 2.1 and C-III, 2.2, which are admissible under Rule 137(2), the applicant may correct obvious errors at any time (see H-VI, 4.2.1).

If amendments are made and these are not identified and/or their basis in the application as filed not indicated by the applicant (see H-III, 2.1) and the application is one of those mentioned in H-III, 2.1.4, the Examining Division may send a communication according to Rule 137(4) requesting the applicant to provide this information (see H-III, 2.1.1).

2.1 Amendments made in response to the search opinion

2.2 Amendments made in response to the WO-ISA, IPER or supplementary international search report

Art. 123(2)

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Guidelines for Examination