欧洲专利申请程序中关于修改的时机与方式的最新调整

Latest Adjustments for Opportunity and Manner of Amendment in the European Patent Application Procedure

近年来,欧洲专利申请程序中关于修改的时机与方式的规定有较大的调整,主要有两大调整趋势:一是出于程序节约的考虑,取消了原本在第一次审查意见通知书后仍有一次主动修改的机会,只保留了收到检索报告后第一次审查意见通知书收到前的至少一次主动修改的机会,且强调必须对检索报告的意见进行回应;二是对进入欧洲阶段的PCT申请程序中修改的时机与方式进行了细化确认,从而试图强化PCT体系、增加PCT途径吸引力。此外,最新相关调整对进入欧洲阶段的PCT申请实行新的检索程序,从而使得其国际阶段中"根据申请人自身意愿"进行的修改在进入欧洲阶段后可能被真正接受继而顺利在后续授权程序中接受审查。

Recently, lots of adjustments for opportunity and manner of amendment have been made in the European patent application procedure, which primarily include two adjustment trends： Firstly, considering saving the procedure, one opportunity to amend actively after receipt of the first communication has been cancelled, which has only been reserved is the at least one opportunity to amend actively following receipt of the report and prior to the first communication, in which the requirement has been emphasized that the search report shall be responded; Secondly, the opportunity and manner of amendment in PCT application procedure entering the European phase has been confirmed in detail, in order to attempt to enhance the PCT system and increase the attraction of the PCT approach. Besides, the latest correlative adjustments include implement of new search procedure for PCT application entering the European phase, consequently the amendments ＂made by the applicant of his own volition＂ in the international phase may authentically be accepted after entering the European phase and sequentially be examined favorably in the subsequent grant procedure.