In the case of a European patent application filed directly at the EPO (not via the PCT), it is not possible for the applicant to amend the application before receiving the European search report (Rule 137(1)).[Rule 137(1); ]
In the case of a Euro-PCT application requiring a supplementary European search according to Art. 153(7), the applicant may amend the originally filed claims, description and/or drawings before the application is subject to the supplementary search either by maintaining amendments filed in the international phase under Art. 19 PCT and/or Art. 34(2)(b) PCT or by filing amendments on and/or after entry into the European phase under Rule 159(1)(b) and/or Rule 161(2) respectively (see also E‑IX, 3, and B‑III, 3.3.2).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/h_ii_2_1.htm
Date retrieved: 17 May 2021
14 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
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase