2.2 Examination of amendments as to formalities 

The Receiving Section examines amendments, filed before the receipt of the search report, for formal requirements. Such amendments must remedy the deficiencies notified by the Receiving Section. The description, claims and drawings may be amended only to the extent sufficient to remedy the disclosed deficiencies, which makes it necessary for the Receiving Section to compare any amended description, claims and drawings with those originally filed. Where, for example, a fresh description is filed to replace an earlier description that was objected to on account of non-compliance with the physical requirements, the Receiving Section must compare both descriptions, and the objection is not met until the wording is identical. However, identity of wording with the application documents as originally filed is not a requirement for amendments rectifying the following deficiencies:

(i)filing at least one claim according to Rule 58, where no claims existed on filing (see A‑III, 15) (these claims must still satisfy the requirements of Art. 123(2), but this check is carried out by the search and examining divisions)

(ii)the filing of missing parts of the description or missing drawings according to Rule 56 (see A‑II, 5).

Amendments that extend beyond the remedying of deficiencies and that are filed prior to receipt of the search report may be taken into consideration in the subsequent procedure, provided that on receipt of the search report the applicants declare that they wish them to be maintained.

Examination as to formalities of amendments filed after the receipt of the search report and before the application is transferred to the examining division is the responsibility of the Receiving Section.

The procedure for effecting amendments is dealt with in H‑III, 2.