3.8 Making suggestions 

It is not for the search division to tell applicants to amend their application in a particular way to overcome an objection. It is the applicants' own responsibility to draft their application and they are free to amend it any way they choose as long as the amendment removes the deficiency and is otherwise in keeping with the EPC. However, it can sometimes help if the search division suggests, at least in general terms, an acceptable form of amendment, but it then has to make it clear that the suggestion is merely to help the applicant and that other forms of amendment will still be considered in the examination proceedings. Although not obliged to do so, it will point out amendments which would overcome the objections raised to the applicant if there is a clear way out.

When suggesting an acceptable way of amending the claims, the search division will also invite the applicant to adapt the description to bring it into line with the amended claims (see F‑IV, 4.3).

However, the applicant remains responsible for deciding how to word the application and in particular for defining the subject-matter for which protection is sought (Art. 113(2) EPC).