GL H III 3.3.4 Complete text for auxiliary request not yet available

If a complete text corresponding to the allowable auxiliary request does not yet exist, the applicant must be asked to make the necessary amendments.

In oral proceedings, the division does always try to have the description brought into line with the version of the claims it considers allowable. If necessary, the oral proceedings are interrupted for this purpose.

GL H III 3.3.3 Preparing the decision

If the examining division is able to allow an auxiliary request (but not the main request or any higher-ranking auxiliary requests), it will inform the applicant accordingly in a communication under Rule 71(2) or in an annex to the communication according to Rule 71(3), giving a brief indication of the essential reasons for refusing the main and higher-ranking auxiliary requests (see C‑V, 1.1).

Where an auxiliary request appears to c

GL H III 3.3.2.2 Timeliness and structure of auxiliary requests

If auxiliary requests are filed after the final date set in accordance with Rule 116(2), they are usually treated as late-filed unless a summons to oral proceedings was issued as the first action.

For late-filed requests, in addition to the criteria set out in H‑III, 3.3.2.1, the subject-matter of the new claims must not diverge considerably from the claims already filed.

GL H III 3.3.2.1 Criteria for admissibility of auxiliary requests

As a matter of principle, the examining division must, when exercising its discretion under Rule 137(3) not to admit one or more auxiliary requests, balance the interests of the applicant and procedural efficiency (see also H‑II, 2.3, H‑II, 2.5.1, H‑II, 2.6, and H‑II, 2.7).

Thus, an auxiliary request which contains minor deficiencies but ot

GL H III 3.3.2 Admissibility of auxiliary requests

3.3.2.1 Criteria for admissibility of auxiliary requests

3.3.2.2 Timeliness and structure of auxiliary requests

GL H III 3.3.1 Indication of the amendments made in the requests and of their basis

Where requests (main and/or auxiliary) are filed in examination proceedings and the applicant does not identify the amendments and/or does not indicate the basis for them in the application as filed, a communication according to Rule 137(4) may also be sent in respect of one or more of the newly filed main and/or auxiliary requests.

For requests filed in preparation for oral proceedings, late filed requests or requests filed during oral proceedings, see

GL H III 3.3 In examination proceedings

3.3.1 Indication of the amendments made in the requests and of their basis

3.3.2 Admissibility of auxiliary requests

3.3.3 Preparing the decision

3.3.4 Complete text for auxiliary request not yet available

GL H III 3.2 In the search phase

In the search phase, under Rule 137(1) amendments to the claims are not admissible before the applicant receives the European search report, and therefore no auxiliary requests can be submitted.

GL H III 3.1.3 Neither main nor auxiliary requests allowable

If the examining or opposition division cannot allow the main request or any of the auxiliary requests, it must issue a decision to that effect, taking Art. 113(1) and 116 into account. The decision must include the reasons for rejecting/refusing the main request and each of the auxiliary requests, except where the requests in question have been withdrawn.

GL H III 3.1.2 Obligation to give reasons

In examination, opposition and limitation proceedings, whenever a request by any of the parties is refused, reasons must always be given.