4. Different texts in respect of different contracting states
4.1 Dealing with different texts in examination
|
A revised version of this publication entered into force. |
If the examining or opposition division considers that the description and drawings are so inconsistent with any set of claims as to create confusion, it will require the applicant or proprietor to amend the description and drawings to remedy this. If the applicant or proprietor voluntarily proposes such an amendment the examining or opposition division will admit it only if it considers this necessary. In particular, different descriptions and drawings will be required only if it is not possible to set out clearly in a common description which subject-matter is to be protected in the different contracting states. For adaptation of the description in the case of national rights of earlier date, see H‑III, 4.4.
Hence this type of application or patent will, after amendment, either consist of two or more distinct sets of claims each supported by the same description and drawings, or two or more sets of claims each supported by different descriptions and drawings.
For the application of Rules 80 and 138 in opposition proceedings, see H‑III, 4.2, H‑III, 4.4 and H‑III, 4.5.