Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
4. Further stages of examination
4.10 Further requests for amendment after approval
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
4. Further stages of examination4. Further stages of examination
  4.9 Amendments filed in reply to a communication under Rule 51(4)4.9 Amendments filed in reply to a communication under Rule 51(4)     4.11 Resumption of the examination proceedings4.11 Resumption of the examination proceedings  
 

4.10

Further requests for amendment after approval

 

Once the applicant has approved the text communicated to him pursuant to Rule 51(4), by paying the fees and filing the translation of the claims, possibly including minor amendments and/or corrections, further requests for amendment will only exceptionally be allowed under the discretionary power of the Examining Division given by Rule 86(3). A clear example of an allowable request is where the applicant files separate sets of claims for designated States that made reservations under Art. 167(2) (see III, 8.3) or for which prior national rights exist (see III, 8.4). Similarly, it is appropriate to admit minor amendments which do not require re-opening of the substantive examination and which do not appreciably delay the issue of the decision to grant (see G 7/93, OJ 11/1994, 775). If these amendments involve changes to the claims, these should of course be accompanied by translations, as required by Rule 51(5).

 

Rule 86(3)



However, once the decision to grant is handed over to the EPO's internal postal service for transmittal to the applicant, the Examining Division is bound by it (see G 12/91, OJ 5/1994, 285) and can only amend it to the limited extent provided for in Rule 89 (see E-X, 10).

 

Rule 89