Chapter V – Amendments and corrections
Rule 86 125
Amendment of the European patent application
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A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973. |
(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.
125See 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).
126Inserted by decision of the Administrative Council of 13.12.1994 which entered into force on 01.06.1995 (OJ EPO 1995, 9 ff).