GL H III 3.1.1 Sequence of requests

When a group of auxiliary requests is filed, these requests must be filed in a clear order and must not be worded such that they leave it for the examining division to identify and speculate on the intended text of the claims (R 14/10).

GL H III 3.1 General principles

If the main request is allowable, the division will ignore any auxiliary requests.

If the main request is not allowable, the division will consider the auxiliary requests, in the sequence chosen by the requester.

If an auxiliary request is allowable, the division will ignore all subsequent requests.

3.1.1 Sequence of requests

3.1.2 Obligation to give reasons

GL H III 3 Auxiliary requests

In examination, opposition and limitation proceedings, parties may submit a main request followed by one or more auxiliary requests (see also D‑IV, 5.3).

Example 1:

"We request grant of a patent as per the documents originally filed or, alternatively, as per the amended documents now enclosed."

Example 2:

"We request that the oppositio

GL H III 2.5 Withdrawal of amendments/abandonment of subject matter

Any subsequent request to withdraw an amendment is itself a request for further amendment; thus, if this subsequent request occurs after reply to the first communication from the examining division, the corresponding amendment will be admitted only if the examining division consents.

In deleting subject-matter from an application, the applicant should avoid any statement which could be interpreted as abandonment of that subject-matter.

GL H III 2.4 Amendments made by the EPO at the request of a party

Where necessary, deficient documents may also be amended at the request of a party by the competent department of the EPO. This could be the procedure for minor amendments, e.g. where it is necessary to insert details which were omitted in the request for grant, and the number of amendments involved is reasonable, or where whole pages or paragraphs are to be deleted. The party concerned is advised to submit a list summarising the amendments to be undertaken by the EPO.

GL H III 2.3 Amendments using copies

Amendments, particularly to the description or claims, may be made by using copies in accordance with the following procedure:

If deemed expedient, the examining division or formalities officer may, on a copy of one or more pages of the documents to be amended, put forward suggestions as to how amendments should be made in such a way as to take account of the objections raised.

GL H III 2.2 Amendment by submitting missing documents or by filing replacement pages

The content of a European patent application or patent may be amended within the limits laid down in Art. 123(2) and (3).

GL H III 2.1.4 Transitional provisions relating to Rule 137(4)

The procedure described in H‑III, 2.1.1, to H‑III, 2.1.3, applies to the following applications (see Art. 2(2) of the Decision of the Administrative Council of 25 March 2009, OJ EPO 2009, 299):

(i)European applications for which the search report is drawn up on or after 1 April 2010,

GL H III 2.1.3 Rule 137(4) and oral proceedings

A Rule 137(4) communication will not be sent where the amendments in question are filed during oral proceedings. Nonetheless, it is a requirement of Rule 137(4) that amendments and their basis be identified.

GL H III 2.1.2 Amendments withdrawn or superseded in the Rule 137(4) period

If the applicant replies in time to the Rule 137(4) communication by withdrawing the amendments in respect of which the communication was sent but without identifying those amendments or indicating their basis in the application as filed, then no loss of rights will occur according to Rule 137(4).