GL C III 2 Amendments made by the applicant of his own volition

Any amendment, including any made by the applicant of his 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 7);[Art. 123(2); ]
(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‑II, 6).
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 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 amendments are made and these are not identified and/or their basis in the application as filed not indicated by the applicant (see H‑III, 2.1) and the application is one of those mentioned in H‑III, 2.1.4, the examining division may send a communication according to Rule 137(4) requesting the applicant to provide this information (see H‑III, 2.1.1).

22 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - H Amendments and Corrections