Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
3. The first stage of examination
3.2 Amendments by the applicant following the EESR and made of his own volition
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
3. The first stage of examination3. The first stage of examination
  3.1 Filing of comments and amendments by the applicant; PACE3.1 Filing of comments and amendments by the applicant; PACE     3.2a Unity of invention3.2a Unity of invention  
 

3.2

Amendments by the applicant following the EESR and made of his own volition

 

The amendments referred to in VI, 3.1 are made by the applicant "of his own volition". This means that the applicant is not restricted to amendment(s) necessary to remedy a defect in his application. It does not, however, mean that the applicant is free to amend in any way he chooses. Any amendment must satisfy the following conditions:

 

Rule 86(2)



(i)

it must not add subject-matter to the content of the application as filed (see VI, 5.3 to VI, 5.3.11); and

 

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 obscurity.

 

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 above, which are admissible under Rule 86(2), the applicant may correct obvious errors at any time (see VI, 5.4).