Amendments

Question 1

Can an error in translation be corrected after grant? What if it results in a broader scope of protection?

Answer 1

Yes.
If it results in a broader scope of protection, that broader scope is not retroactive and third party rights may exist.

Question 2

How long do third parties have to oppose a proposed correction following advertisement?

Answer 2

4 weeks

Question 3

How often can we amend a patent application between issue of the search report and 1st exam report?

Answer 3

As often as we like.

Question 4

How often can we amend a patent application after receipt of the 1st exam report?

Answer 4

Once along with a response or within 2 months of 18(4) report if that is the first exam report.

Question 5

Does the specification as filed include the priority document? abstract?

Answer 5

No to both for UK applications. Also no for EP applications.

Question 6

Can a correction to a non-obvious error in a form filed at UKIPO, EPO, IB/WIPO be corrected?

Answer 6

Yes, non-obvious errors to forms are fine to correct.

Question 7

When can PCT claims be amended?

Answer 7

one amendment only (without needing ChII) - 2m of SR or within 16 months of priority - to allow correct claims to publish.

ChII - can amend claims, description and figures upon demand until IPER issued.

Question 8

EP: can you base an amendment on unsearched subject matter?

Answer 8

no