GL H II 2.5 Amendments filed in reply to a Rule 71(3) communication

If, in reply to the communication under Rule 71(3) and within the period specified in Rule 71(6), the applicant files a request for amendments and/or a correction of errors, the procedure is as defined in C‑V, 4.

GL H II 2.4 At an advanced stage of the proceedings

Any request by an applicant to replace the text of the application on the basis of which a patent could be granted by a text that has been extensively revised is refused, unless the applicant gives good reasons for proposing the changes only at this stage in the proceedings.

GL H II 2.3.1.4 Rule 137(3) in conjunction with auxiliary requests

See H‑III, 3.3.2.1.

GL H II 2.3.1.3 Rule 137(3) in conjunction with Article 84 – missing essential feature

The examining division has raised an objection under Article 84 that the claims are missing an essential feature (see F‑IV, 4.5).

Unless the applicant is able to demonstrate to the satisfaction of the examining division that the indicated feature is not essential for carrying out the invention, the examining division will normally not admit under Rule 137(3) any further set of claims not containing the feature in question.

GL H II 2.3.1.2 Rule 137(3) in conjunction with Article 123(2)

The examining division has raised an objection under Article 123(2) indicating that a certain feature introduced into the claims extends the subject-matter of the application as filed.

Unless the applicant is able to demonstrate to the satisfaction of the examining division that the application as filed disclosed this feature directly and unambiguously, the examining division will normally not admit under Rule 137(3) any further set of claims containing the feature in que

GL H II 2.3.1.1 Rule 137(3) in conjunction with Article 83

The examining division has raised an objection under Article 83 that the entire application, i.e.

GL H II 2.3.1 Examples of the exercise of discretion under Rule 137(3)

2.3.1.1 Rule 137(3) in conjunction with Article 83

2.3.1.2 Rule 137(3) in conjunction with Article 123(2)

2.3.1.3 Rule 137(3) in conjunction with Article 84 – missing essential feature

2.3.1.4 Rule 137(3) in conjunction with auxiliary requests

GL H II 2.3 After receipt of the first communication – Rule 137(3)

Subsequent to the applicable event mentioned in H‑II, 2.2, the prosecution of further amendments proposed by the applicant is within the discretion of the examining division. Giving the examining division this discretion is intended to ensure that the examination procedure is brought to a conclusion in as few actions as possible (see C‑IV, 3).

GL H II 2.2 After receipt of the search report – Rule 137(2)

After receiving the European search report and the search opinion, applicants must respond to the search opinion (see B‑XI, 8) and may amend the description, claims and drawings of their own volition, provided that the amendment and their reply are filed within the time limit for responding to the search opinion (see C‑II, 1, C‑II, 3.1, and

GL H II 2.1 Before receipt of the search report – Rule 137(1)

In the case of a European patent application filed directly at the EPO (not via the PCT), it is not possible for the applicant to amend the application before receiving the European search report (Rule 137(1)).[Rule 137(1); ]

In the case of a Euro-PCT application requiring a supplementary European search according to Art. 153(7), the applicant may amend the originally filed claims, description and/or drawings before the application i