During the examination procedure, you might have to modify the technical documents. What do you need to take into consideration?
Extensive changes make it necessary to rewrite individual pages or sometimes even the entire text. If a modification goes beyond the original content, this can result in the application being rejected. Therefore, you should only make changes if you can prove that:
- The newly defined subject matter was already contained in the original documents and/or
- The added elements were already known at the time of the filing, which means that they were already part of the verifiable prior art
The purpose of a modification can only be to define the subject matter of the invention more clearly or to restrict the scope of protection in light of the description. It is not possible to make additions or further develop the invention by changing the technical documents. This can only be done by submitting a new application.
Upon submission, the modified technical documents must be complete (text and drawings). They must be accompanied by a signed change request and must include the application number. A copy must also be attached showing the changes made.
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"