GL H III 4 Different texts in respect of different contracting states

In the cases discussed in H‑III, 4.2, to H‑III, 4.4, an application or a patent may contain a different set of claims (and descriptions) for different contracting states (also see G‑IV, 6).

GL H III 3.5.3 Oral proceedings

If the examining division is able to allow an auxiliary request but not the main or higher-ranking requests, the chair informs the requesters (possibly after interrupting the proceedings) which request is allowable and why the higher-ranking request(s) is/are not. The requesters will then normally be asked if they are prepared to convert the allowable auxiliary request into a main request.

GL H III 3.5.2 Written procedure

If the examining division, after examining the request for limitation, considers that the patent can be limited only on the basis of an auxiliary request, it informs the requester accordingly in a communication under Rule 95(2), giving reasons why the main request and any higher-ranking auxiliary requests are not allowable and informing the requester which auxiliary request is considered allowable.

GL H III 3.5.1 General principles

The filing of auxiliary requests (e.g. claim versions) together with a main request is possible in limitation proceedings, just as in examination proceedings.

GL H III 3.5 In limitation proceedings

3.5.1 General principles

3.5.2 Written procedure

3.5.3 Oral proceedings

GL H III 3.4.2 Oral proceedings

If the opposition division is able to allow an auxiliary request but not the main or higher-ranking auxiliary requests, the chair informs the parties (possibly after interrupting the proceedings) which request is allowable and that the higher-ranking request(s) is/are not allowable (and on which grounds they are not allowable), ensuring beforehand that the parties have already had the opportunity to comment on all grounds and evidence underlying this finding.

GL H III 3.4.1 Written procedure

If the opposition division, after examining the parties' submissions, considers it can maintain the patent only in amended form as per an auxiliary request from the proprietor, it must first ensure that the parties have been allowed to comment under Art. 113(1) on the grounds and evidence behind the non-allowance of the higher-ranking request(s) and on the grounds and evidence behind the allowance of the lower-ranking request (where oral proceedings have been requested, see also H‑III, 3.5.2

GL H III 3.4 In opposition proceedings

In opposition proceedings, if an auxiliary request by the proprietor for maintenance of the patent in amended form is allowable, the division cannot revoke the patent (see T 234/86).

3.4.1 Written procedure

3.4.2 Oral proceedings

GL H III 3.3.6 Applicant does not approve the text proposed for grant

If the applicant does not approve the text according to the auxiliary request as proposed in the communication under Rule 71(3), the procedure is as set out in C‑V, 4 (see in particular C‑V, 4.7, and C‑V, 4.6.2).

GL H III 3.3.5 Complete text for auxiliary request available

If a complete text of the application according to the allowable auxiliary request already exists, a communication under Rule 71(3) is issued. In an annex to this communication the division must give a brief indication of the reasons on which the refusal of the higher-ranking requests is based (see also C‑V, 1.1). Where appropriate, this may be done by reference to earlier communications.