Rule 137(3) in conjunction with Article 83

The examining division has raised an objection under Article 83 that the entire application, i.e. claims, description and drawings, does not disclose to a person skilled in the art how to carry out the invention without using inventive skill.

The examining division will not admit any (further) amendment under Rule 137(3) unless the applicant is able to demonstrate to the satisfaction of the examining division that the application contains enough information to enable the person skilled in the art to carry out the invention; for example the applicant could demonstrate that an embodiment in the description is sufficiently disclosed for the person skilled in the art to put it into practice. , because information has to be added in order to overcome the objection under Article 83 EPC. Adding information usually infringes Article 123(2) EPC.

If the applicant cannot demonstrate the above, then the objection under Article 83 EPC can only be overcome by adding information to the application as filed, which usually infringes Article 123(2) EPC.

Quick Navigation