1. Key takeaways
Rule 30.2 RoP leaves open the time of a decision on the
admission of a subsequent request for amendment of the
patent
The time of the decision is at the discretion of the court. The
judge-rapporteur may postpone such a decision. A rejecting order is
not required. As long as the subsequent request for amendment has
not been admitted by the court, it is inadmissible.
Insofar as Rule 32.1 RoP mentions a two-month time limit
for replying to a request for amendment of the patent from
notification of the request for amendment, subsequent requests for
amendment under Rule 30.2 RoP are not covered by this
Not every amendment, even a minor one, to the auxiliary requests
originally submitted necessitates the exchange of three further
written submissions, each with legally standardized one- or
two-month deadlines. This would delay the proceedings
significantly.
