Chapter III – The first stage of examination
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2. Amendments made by applicants of their own volition

Overview

2. Amendments made by applicants of their own volition 

Any amendment, including any made by the applicant of their 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 H‑V, 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‑IV, 4.1).

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, 2.2.1).

If the applicant makes amendments but does not identify them and/or indicate their basis in the application as filed (see H‑III, 2.1) and the application is one of those mentioned in H‑III, 2.1.4, the examining division may send the applicant a communication under Rule 137(4) requesting this information (see H‑III, 2.1.1).

If the applicant accepts a search division's suggestion regarding an acceptable form of amendment of the claims to overcome the objections raised (see B‑XI, 3.8), they are requested to adapt the description to the claims on file and delete or amend any statements or expressions throwing doubt on the scope of protection (see F‑IV, 4.3).

Art. 123(2)

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
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