Amendment of the Problem

Date Published

In response to an examination report, the applicant may (apart from simply filing submissions rebutting the inventive step objection in the report) amend the problem, amend the claims, or delete all reference to the problem.

If the applicant amends the problem, examiners should proceed using the new problem, unless the amended problem is inconsistent with either the description or the relevant claim.

If the amended claims provide a different solution to the problem originally identified, examiners should consider whether the original problem is still applicable and if not, redetermine the problem.

In any case where the problem is amended, examiners should consider whether the amendment gives rise to no more than a "bonus effect" - see Bonus Effect.