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R.161 EPC Amendment of the application

(1)

If the European Patent Office has acted as the International Searching Authority and, where a demand under Article 31 PCT was filed, also as the International Preliminary Examining Authority for a Euro-PCT application, it shall give the applicant the opportunity to comment on the written opinion of the International Searching Authority or the International Preliminary Examination Report and, where appropriate, invite him to correct any deficiencies noted in the written opinion or in the International Preliminary Examination Report and to amend the description, claims and drawings within a period of six months from the respective communication. If the European Patent Office has drawn up a supplementary international search report, an invitation in accordance with the first sentence shall be issued in respect of the explanations given in accordance with Rule 45bis.7(e) PCT. If the applicant does not comply with or comment on an invitation in accordance with the first or second sentence, the application shall be deemed to be withdrawn.

(2)

Where the European Patent Office draws up a supplementary European search report on a Euro-PCT application, the application may be amended once within a period of six months from a communication informing the applicant accordingly. The application as amended shall serve as the basis for the supplementary European search.

[ Art. 123 152 153 R. 70a ]

Amended by decision of the Administrative Council CA/D 12/10 of 26.10.2010 (OJ EPO 2010, 634), which entered into force on 01.05.2011.

See notice from the EPO of 29.06.2010 concerning communications under amended Rule 161 EPC (OJ EPO 2010, 406).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r161.html

Date retrieved: 17 May 2021

84 references found.

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EPC Articles

X A.123 EPC Amendments

X A.152 EPC The European Patent Office as an International Searching Authority or International Preliminary Examining Authority

X A.153 EPC The European Patent Office as designated Office or elected Office

EPC Implementing Rules

X Part IX Implementing Regulations to Part X of the Convention

X R.70a EPC Rule 70a Response to the extended European search report

X R.137 EPC Amendment of the European patent application

X R.162 EPC Claims incurring fees

EPO Guidelines - A Formalities Examination

X GL A III 6.8.2 Invitation to file the translation in examination/opposition

X GL A III 13.2 Additional fee (if application documents comprise more than thirty-five pages)

EPO Guidelines - B Search

X GL B II 4.3.3 Application documents for the supplementary European search report

X GL B III 3.3.2 Specific rules applicable to Euro-PCT applications

X GL B XI 2 Basis of the search opinion

EPO Guidelines - C Procedureal Aspects of Substantive Examination

X GL C II 3.2 Response to PCT actions prepared by the EPO

X GL C III 1.3 Euro-PCT applications – Erroneous elements filed under Rule 20.5 bis PCT

X GL C III 2.2 Amendments made in response to the WO‑ISA, IPER or supplementary international search report

X GL C III 2.3 Searches under Rule 164(2)

X GL C III 3.1.1 No additional search fees paid

X GL C III 4 First communication

X GL C V 14 Refusal

X GL C VI 3 Further ways to accelerate examination

EPO Guidelines - E General Procedural Matters

X GL E VI 3 Observations by third parties

X GL E VIII 4.1 Accelerated search

X GL E VIII 4.2 Accelerated examination

X GL E VIII 7 Enquiries

X GL E IX 2.3.8 Claims fee

X GL E IX 3.1 Applications for which a supplementary European search report is prepared

X GL E IX 3.2 Applications for which no supplementary European search report is prepared

X GL E IX 3.3 Exceptions where a reply to the Rule 161(1) invitation is not required

X GL E IX 3.3.1 Earlier filed amendments or comments

X GL E IX 3.3.2 Positive WO‑ISA, SISR or IPER

X GL E IX 3.3.3 Rule 161 communication issued before 1 April 2010

X GL E IX 3.3.4 Voluntary reply to Rule 161(1) communication

X GL E IX 3.4 Rule 137(4) applies

X GL E IX 4.1 At least one communication in examination

X GL E IX 4.3 Substantive examination of a Euro-PCT application accompanied by an IPER

X GL E IX 4.3.3 Consideration of the contents of the IPER

EPO Guidelines - H Amendments and Corrections

X GL H II 2.1 Before receipt of the search report – Rule 137(1)

X GL H II 2.2 After receipt of the search report – Rule 137(2)

X GL H II 6.2 Subject-matter taken from the description

X GL H III 2.1.1 Rule 137(4) communication and response thereto

EPO PCT GL - B Search

X GL-PCT B XII 7 Explanations under Rule 45 bis .7(e)

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

X GA C3.2.2 3.2.2.

X GA C3.4.1 3.4.1.

X GA C4.2.4.2 4.2.4.2

X GA C4.2.13 4.2.13.

X GA C5.1.7 5.1.7.

X GA C5.1.8.2 5.1.8.2

X GA C5.4.3 5.4.3.

X GA C5.4.4 5.4.4.

X GA C5.4.5 5.4.5.

X GA C5.4.6 5.4.6.

X GA C5.4.7 5.4.7.

X GA C5.11.3 5.11.3.

X GA C5.11.4 5.11.4.

X GA C5.15 5.15

X GA C5.15.2 5.15.2.

X GA C5.15.3 5.15.3.

PCT Articles

X A.31 PCT Demand for International Preliminary Examination

PCT Implementing Rules

X R.45bis PCT Supplementary International Searches

Offical Journal of the EPO

X OJ EPO 2020, A81 - Notice from the European Patent Office dated 14 June 2020 concerning the applicability of new Rule 20.5 bis PCT on the correction of erroneous filings in proceedings before the EPO

X OJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO SE 3/2018, p2 - BOARDS OF APPEAL AND ENLARGED BOARD OF APPEAL CASE LAW 2017

X OJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO 2017, A86 - Notice from the European Patent Office dated 5 July 2017 concerning the filing and processing of third-party observations under Article 115 EPC

X OJ EPO 2017, A74 - Notice from the European Patent Office dated 7 July 2017 concerning updated EPA/EPO/OEB Form 1200 (Entry into the European phase)

X OJ EPO 2017, A20 - Notice from the European Patent Office dated 3 March 2017 concerning issuing a provisional opinion accompanying the partial search results

X OJ EPO 2012, 89 - Patent Prosecution Highway pilot programme between the Trilateral Offices based on PCT work products

X OJ EPO 2011, 532 - Notice from the European Patent Office dated 31 August 2011 concerning the issuance of a second written opinion in the procedure under Chapter II PCT

X OJ EPO 2011, 354 - Notice from the European Patent Office dated 5 April 2011 concerning updated Form 1200 (entry into the European phase) and the possibility to waive the right to the communication under Rules 161(1) or (2) and 162 EPC

X OJ EPO 2010, 634 - Decision of the Administrative Council of 26 October 2010 amending the Implementing Regulations to the European Patent Convention (CA/D 12/10)

X OJ EPO 2010, 406 - Notice from the European Patent Office dated 29 June 2010 concerning communications under amended Rule 161 EPC

X OJ EPO 2010, 352 - Notice from the European Patent Office dated 4 May 2010 concerning the programme for accelerated prosecution of European patent applications "PACE"

X OJ EPO 2010, 350 - Decision of the President of the European Patent Office dated 11 May 2010 concerning the entrustment to non-examining staff of certain duties normally the responsibility of the examining or opposition divisions

X OJ EPO 2010, 316 - Notice from the European Patent Office dated 24 March 2010 concerning the carrying out of Supplementary International Searches under the PCT

X OJ EPO 2010, 69 - Patent Prosecution Highway pilot programme between the Trilateral Offices based on PCT work products

X OJ EPO 2009, 582 - Decision of the Administrative Council of 27 October 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 20/09)

X OJ EPO 2009, 542 - Notice from the European Patent Office dated 22 October 2009 concerning the refund of the examination fee (Article 11 of the Rules relating to Fees)

X OJ EPO 2009, 533 - Notice from the European Patent Office dated 15 October 2009 concerning amendments to the Implementing Regulations to the European Patent Convention (EPC)

X OJ EPO 2009, 299 - Decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 3/09)

Case Law Book: II Conditions to be met by an Application

X CLR II F 3.5.7 Pendency in case of deemed withdrawal of earlier application and no reaction to loss of rights communication under Rule 112(1) EPC

Case Law Book: IV Divisional Applications

X CLR IV B 1.1 Amendments made by the applicant of his own volition under Rule 137(2) EPC

General Case Law

X J 0003/09 () of 28.5.2010

X J 0010/16 (Teilanmeldung/Fiktion der ZurÃ¼cknahme der Stammanmeldung) of 26.9.2016