Detailed Answer with Legal References
Statement a) — False
Art. 123(2) EPC prohibits amendments introducing subject-matter not originally disclosed.
However, whether the amendment was searched or not is irrelevant for Art. 123(2). Instead, Rule 137(5) EPC restricts examination of unsearched subject-matter.
Thus, an amendment can be allowable under Art. 123(2) EPC even if unsearched.
Statement b) — False
If an amendment is novel and inventive over the application as filed, it introduces something not directly and unambiguously derivable from the original disclosure.
This violates Art. 123(2) EPC.
Therefore, such an amendment cannot be allowable.
Statement c) — True
Drawings form part of the application as filed (Art. 78(1)(d) EPC).
Information that is directly and unambiguously derivable from drawings may serve as a valid basis for amendments under Art. 123(2) EPC.
Thus, an amendment based only on the drawing can be allowable.
Statement d) — False
Amendments under Art. 19 PCT are made after filing the international application, once the ISR has been issued.
They are therefore not part of the application as originally filed.
Consequently, amendments based solely on Art. 19 PCT amendments would add subject-matter → not allowable under Art. 123(2) EPC.
Exam Tip
Always distinguish:
- Art. 123(2) EPC → “no added subject-matter.”
- Rule 137(5) EPC → unsearched subject-matter restriction.
Drawings can be a valid amendment basis.
Art. 19 PCT amendments are not part of the original disclosure.
If something is “new” compared to the filed version → it automatically violates Art. 123(2) EPC.
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