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Author Topic: How to make modifications in an already submitted application? (EPO)  (Read 851 times)

Suburbia

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Good afternoon,

this may sound layman-ish, still I'll try: would anybody be able to advise how to proceed in case we have filed an application to EPO, received a registration number (we have not yet payed any fees), and in the meantime realized that we have made some errors in the description of the invention? How to amend the wording? Shall we withdraw the application? How? Can we make amendments in any (other) way? Very many thanks for your expertise.
Mel
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Jack

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Linguistic errors, errors of transcription and other mistakes in any document filed with the EPO may be corrected at any time. However, where the mistake is in the description, claims or drawings, both the error and the correction must be such that it is immediately evident (i) that an error has occured; and (ii) what the correction should be.

Regarding (i), the incorrect information must be objectively recognisable for a skilled person, using common general knowledge, from the originally filed apllication documents (description, claims and drawings) taken by themselves.

Regarding (ii), the correction should be within the limits of what a skilled person would derive directly and unambiguously, using common general knowledge, and seen objectively and relative to the date of filing, from the originally-filed application documents.

The complete replacement of the application documents (description, claims and drawings) by other documents is not possible.
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