Amendments Under The European Patent Convention - Article 123(1) EPC

Article 123(1) EPC

Article 123(1) EPC provides the right for an applicant, in proceedings before the European Patent Office (EPO), to amend its European patent application and for a patent proprietor (during opposition proceedings) the right to amend its European patent. This must however be done in accordance with the Implementing Regulations, considering that the applicant is given "at least one opportunity to amend the application of his own volition." According the Implementing Regulations, amendments before receiving the (extended) European search report are generally not allowed, amendments are allowed in response to the extended European search report (i.e., in response to the communication under Rule 70a(1) or (2) EPC), and amendments are also allowed shortly after entry into European phase for a PCT application (namely, in response to the communication under Rule 161(1) EPC), but any further amendment is subject to the consent of the Examining Division.