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Guidelines for Examination

 
 
5.3
Filing of amended documents in reply to the notice of opposition 

Amended documents should, provided that it is not irrelevant at the stage reached in the procedure, be as complete as possible and drawn up in such a way as to allow the European patent, where appropriate, to be maintained without further delay in the amended version.

These considerations apply also to auxiliary requests in which the proprietor proposes amendments for consideration by the Opposition Division only if the Division is unable to grant his main request, for example that the opposition should be rejected. In both cases, however, it will be more convenient in certain circumstances to determine first the form of the claims, leaving purely consequential amendments in the description to be dealt with later.

Care must be taken to ensure that any amendments do not offend against Art. 123(2) and (3) (see D-V, 6, H-IV, 4.3 and H-V, 2 and 3). It must also be checked that the patent, by the amendments themselves, does not contravene the requirements of the EPC (with the exception of Art. 82, see D-V, 2.2). For the form of amended documents, see H-III, 2.2 to 2.4.