EPO: ISA, SISA oder IPEA

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DerOptimist
Posts: 1
Joined: Fri May 27, 2022 2:11 pm

EPO: ISA, SISA oder IPEA

Post by DerOptimist » Fri May 27, 2022 2:43 pm

Hello,

The 6-month period is ending soon and I would first like to only issue an opinion in response to the Rule 161(1) communication, in which I try to refute the citations of the international search with arguments. Only in the event that I cannot convince the examiners would I like the possibility of restricting the claims, if necessary with a patent attorney. Is this way of proceeding possible? Or will I have any disadvantages?

Why I write about possible disadvantages results from:

https://www.epo.org/applying/internatio ... 5_4_3.html

Especially paragraph 5.4.014 After the six-month period has expired, the options for changing the registration are limited...


EPO / Patent Information
Posts: 657
Joined: Wed Nov 12, 2014 3:36 pm

Re: EPO: ISA, SISA oder IPEA

Post by EPO / Patent Information » Tue May 31, 2022 5:23 am

Dear DerOptimist,
The possibilities to make amendments in response to the Rule 161(1) EPC communication are clarified in the Euro-PCT Guide for applicants Part 2, depending on whether a supplementary European search is carried out or not the procedure differs:

Amendments and the Rule 161/162 communication if a supplementary European search is carried out
Amendments and the Rule 161/162 communication if no supplementary European search is carried out

It is at the examining division's discretion whether to accept any further amendment at a later stage of the proceedings (Rule 137(3) EPC.

For a specific file please address the EPO's Customer Enquiries on support@epo.org

Kind regards,
EPO Customer Services


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