GL C III 2 Amendments made by applicants of their own volition

Any amendment, including any made by applicants 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 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 applicants 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 applicants 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 applicants (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 applicants to provide this information (see H‑III, 2.1.1).
If applicants accept a search division's suggestion regarding an acceptable form of amendment of the claims to overcome the objections raised (see B-XI, 3.8), applicants are requested to adapt the description to the claims on file and delete or amend any statements or expressions which throw doubt on the scope of protection (see F‑IV, 4.3).
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
2.3 Searches under Rule 164(2)

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_iii_2.htm

Date retrieved: 17 May 2021

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - B Search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - F The European Patent Application

EPO Guidelines - H Amendments and Corrections