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Guidelines for Examination

 
 

6. Conflict with national rights of earlier date

Where a national right of an earlier date exists in a Contracting State designated in the application, there are several possibilities of amendment open to the applicant. First, he may simply withdraw that designation from his application for the Contracting State of the national right of earlier date. Second, for such State, he may file claims which are different from the claims for the other designated States. Third, the applicant can limit his existing set of claims in such a manner that the national right of earlier date is no longer relevant.

Amendment of the application to take account of prior national rights should be neither required nor suggested (see also H‑III, 4.5). However, if the claims have been amended, then amendment of the description and drawings should be required if necessary to avoid confusion.

References

Rule 138