5.3.1 Amendments as the basis for European phase processing

Under Rule 161, applicants are entitled to submit amendments for the proceedings before the EPO as designated/elected Office as often as they want until expiry of the period under Rules 161 and 162 (A‑XIV, 1). However, applicants are advised to submit any amendments that they wish to be part of the basis for the European phase processing, in particular any amendments to the claims, within the 31-month period, since this helps to avoid a loss of rights for non-payment of the (correct) claims fees under Rule 162 (A‑XII, 5.2, A‑XIV, 2.2). Any amendment filed with the EPO as designated/elected Office must be in the language of the proceedings in the European phase (Art. 28(4) PCT and Art. 41(3) PCT).

Furthermore, if applicants want to speed up the European phase processing, they should consider waiving the right to the communication under Rules 161 and 162 by paying any claims fees due and correcting any deficiencies noted in the written opinion of the EPO as (S)ISA or IPEA as soon as the application enters this phase (see A XII, 7.2).