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Guidelines for Examination

 
 

2.7 Abstract in examination

The general considerations relating to the abstract are set out in F‑II, 2.1 to 2.6. The abstract relates to the application as filed and published and its final form for publication is determined by the Search Division. It is not necessary to bring it into conformity with the content of the published patent even if this should differ in substance from that of the application, since the patent specification does not contain an abstract. The examiner should therefore not seek any amendment of the abstract. He should, however, note that the abstract has no legal effect on the application containing it; for instance, it cannot be used to interpret the scope of protection or to justify the addition to the description of new subject-matter.

References

Art. 85
Art. 98