If the applicant fails to provide the above indication in due time, the search will be carried out on the basis of the first claim in each category. In either case a search report will be drawn up accordingly. This limitation of the search has consequences in examination (see H‑II, 5 and H-II, 6.1). As for the invitation under Rule 63 above, a late-filed reply is included in the file for consideration at the examination stage.
Since the search report should be available on publication of the application, Rule 62a prescribes a response period of two months and rules out further processing. However, a request for re-establishment of rights may be granted, provided the relevant conditions are met.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/b_viii_4_2_1.htm
Date retrieved: 17 May 2021