本篇主要討論議題是，審查中對歐洲專利提出修正時，應該要指明（identify）修正的依據，包括指出修正對應到說明書的段落，免得又收到一次Objections。
Art 94規定歐洲專利申請案的審查，包括當專利申請人未提出「實際審查」時，申請案即認定為撤銷；如果審查結果是未滿足EPC規定，審查單位應要求申請人提出意見（observation），或是提出修正（Art. 123）。
Art 123規定至少要給申請人一次修正的機會，但不得修正超出原來申請案內容，也不能擴張其保護範圍。
Rule 137規定：
- 在接獲EP檢索報告前，申請人不能修正說明書、請求項或圖式，除非有其他情況。
- 回應EP檢索報告或審查報告時，申請人可修正說明書、請求項或圖式
- 審查單位同意時，才能修正。
- 當提出修正後，申請人應指明並指出修正的依據，也就是說明書的對應段落，否則審查單位會要求一個月的補足期限。
- 不可對未進行檢索的專利範圍（subject matter）提出修正（英文是用"may not"），以其形成單一發明概念；也不能（英文用"nor may"）對其他獨立範圍（Rule 62a，Rule 43(2)有例外條款）或未完成檢索（Rule 63）等情況下的範圍提出修正。
有關Rule 43(2)的討論：
http://enpan.blogspot.tw/2015/03/blog-post_10.html
[法條]
Article 94 Examination of the European patent application
(1)
The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid.
(2)
If no request for examination has been made in due time, the application shall be deemed to be withdrawn.
(3)
If the examination reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1, to amend the application.
(4)
If the applicant fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn.
Article 123 Amendments
(1)
The European patent application or European patent may be amended in proceedings before the European Patent Office, in accordance with the Implementing Regulations. In any event, the applicant shall be given at least one opportunity to amend the application of his own volition.
(2)
The European patent application or European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed.
(3)
The European patent may not be amended in such a way as to extend the protection it confers.
Rule 137 Amendment of the European patent application
(1)
Before receiving the European search report, the applicant may not amend the description, claims or drawings of a European patent application unless otherwise provided.
(2)
Together with any comments, corrections or amendments made in response to communications by the European Patent Office under Rule 70a, paragraph 1 or 2, or Rule 161, paragraph 1, the applicant may amend the description, claims and drawings of his own volition.
(3)
No further amendment may be made without the consent of the Examining Division.
(4)
When filing any amendments referred to in paragraphs 1 to 3, the applicant shall identify them and indicate the basis for them in the application as filed. If the Examining Division notes a failure to meet either requirement, it may request the correction of this deficiency within a period of one month.
(5)
Amended claims may not relate to unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive concept. Nor may they relate to subject-matter not searched in accordance with Rule 62a or Rule 63.
Rule 70a Response to the extended European search report
(1)
In the opinion accompanying the European search report the European Patent Office shall give the applicant the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period referred to in Rule 70, paragraph 1.
(2)
In the case referred to in Rule 70, paragraph 2, or if a supplementary European search report is drawn up on a Euro-PCT application, the European Patent Office shall give the applicant the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period specified for indicating whether he wishes to proceed further with the application.
(3)
If the applicant neither complies with nor comments on an invitation in accordance with paragraph 1 or 2, the application shall be deemed to be withdrawn.
Rule 161 Amendment of the application
(1)
If the European Patent Office has acted as the International Searching Authority and, where a demand under Article 31 PCT was filed, also as the International Preliminary Examining Authority for a Euro-PCT application, it shall give the applicant the opportunity to comment on the written opinion of the International Searching Authority or the International Preliminary Examination Report and, where appropriate, invite him to correct any deficiencies noted in the written opinion or in the International Preliminary Examination Report and to amend the description, claims and drawings within a period of six months from the respective communication. If the European Patent Office has drawn up a supplementary international search report, an invitation in accordance with the first sentence shall be issued in respect of the explanations given in accordance with Rule 45bis.7(e) PCT. If the applicant does not comply with or comment on an invitation in accordance with the first or second sentence, the application shall be deemed to be withdrawn.
(2)
Where the European Patent Office draws up a supplementary European search report on a Euro-PCT application, the application may be amended once within a period of six months from a communication informing the applicant accordingly. The application as amended shall serve as the basis for the supplementary European search.
Rule 62a Applications containing a plurality of independent claims
(1)
If the European Patent Office considers that the claims as filed do not comply with Rule 43, paragraph 2, it shall invite the applicant to indicate, within a period of two months, the claims complying with Rule 43, paragraph 2, on the basis of which the search is to be carried out. If the applicant fails to provide such an indication in due time, the search shall be carried out on the basis of the first claim in each category.
(2)
The Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified.
Rule 63 Incomplete search
(1)
If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched.
(2)
If the statement under paragraph 1 is not filed in due time, or if it is not sufficient to overcome the deficiency noted under paragraph 1, the European Patent Office shall either issue a reasoned declaration stating that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed or, as far as is practicable, draw up a partial search report. The reasoned declaration or the partial search report shall be considered, for the purposes of subsequent proceedings, as the European search report.
(3)
When a partial search report has been drawn up, the Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified.
Rule 43 Form and content of claims
...
(2)
Without prejudice to Article 82, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves one of the following:
(a)
a plurality of interrelated products,
(b)
different uses of a product or apparatus,
(c)
alternative solutions to a particular problem, where it is inappropriate to cover these alternatives by a single claim.
...
Ron
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