Rule 86 - Amendment of the European patent application


 

E  /  D   /  F




EUROPEAN PATENT CONVENTION- Table of Contents    
Implementing Regulations European Patent Convention Protocol on Recognition
PART VII - IMPLEMENTING REGULATIONS TO PART VII OF THE CONVENTION PART VI - IMPLEMENTING REGULATIONS TO PART VI OF THE CONVENTION PART VIII - IMPLEMENTING REGULATIONS TO PART VIII OF THE CONVENTION
Chapter V - Amendments and corrections Chapter IV - Time limits Chapter VI - Interruption of proceedings
Rule 86 - Amendment of the European patent application Rule 85b - Period of grace for the filing of the request for examination Rule 87 - Different claims, description and drawings for different States

Rule 86 125

Amendment of the European patent application


(1) Before receiving the European search report the applicant may not amend the description, claims or drawings of a European patent application except where otherwise provided.


(2) After receiving the European search report and before receipt of the first communication from the Examining Division, the applicant may, of his own volition, amend the description, claims and drawings.


(3) After receipt of the first communication from the Examining Division the applicant may, of his own volition, amend once the description, claims and drawings provided that the amendment is filed at the same time as the reply to the communication. No further amendment may be made without the consent of the Examining Division.


(4)126 Amended claims may not relate to unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive concept.


125 See Legal advice No. 4/80. (Annex II) and decisions/opinions of the Enlarged Board of Appeal G 3/89, G 11/91, G 7/93 (Annex I).

126 Inserted by decision of the Administrative Council of 13.12.1994 which entered into force on 01.06.1995 (OJ EPO 1995, 9 ff).

 

Art. 92, 96, 123
R. 41, 49, 51, 57a, 109