190

The right to file amendments within the 31-month time limit for entry into the European phase is provided for in the PCT. However, if the applicant does not make use of the possibility of filing amendments together with Form 1200 or changes his mind as to the documents which are to form the basis of the European procedure, further possibilities for filing amendments at a later stage are available (see point 192 ff).

191

In addition to any amendments made during the international phase or filed on entry into the European phase within the 31-month time limit, the applicant may - before the EPO as designated or elected Office - make the following amendments to the description, claims and drawings of his international application:

192

Firstly, amendments may be filed within a non-extendable period of one month of notification of a communication issued promptly by the EPO once the requirements for entry into the European phase have been fulfilled. This invitation will also be issued if the applicant on entry into the European phase submitted, with Form 1200, amendments to be taken into account. After expiry of the one-month time limit set in the invitation the EPO will take the application as last amended as a basis for any supplementary European search which may have to be performed under Article 157(2) EPC (see point 230 ff).

193

Secondly, amendments may be filed if a supplementary search report has been established after receipt of that report and before receipt of the first communication from the Examining Division.

194

Thirdly, after receipt of the first communication from the examining division the applicant has another opportunity to file amendments, on condition that these amendments are submitted at the same time as the reply to that communication.