Amendment of the European patent

According to Rule 80 of the European Patent Convention (EPC) Implementing Regulations (IR), without prejudice to Rule 138 , of the EPC IR (regulating different claims, description and drawings for different States) the description, claims and drawings in one European patent application may be amended, provided that the amendments are occasioned by a ground for opposition under Article 100 of the EPC , even if that ground has not been invoked by the opponent.


The Opposition may only be filed on the grounds that:


the subject-matter of the European patent is not patentable under Articles 52 to 57 of the EPC;


the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;


the subject-matter of the European patent extends beyond the content of the application as filed, or, if the patent was granted on a divisional application or on a new application filed under Article 61 of the EPC, beyond the content of the earlier application as filed.


Prepared, October 4th , 2022

by European Patent Registration and Consulting Services

prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law &Trade from Liechtenstein