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Before receiving the European search report, the applicant may not amend the description, claims or drawings of a European patent application unless otherwise provided. After receipt of the European search report, the applicant may, of his own volition, amend the description, claims and drawings (R. 137(1), (2) EPC, former R. 86(1), (2) EPC 1973).
In J 10/84 (OJ 1985, 71) the board noted that the general purpose of R. 86(2) EPC 1973 was to permit the applicant for a European patent to make voluntary amendments in order to take the results of the European search report into account.
Following receipt of the European search report and before receipt of the first communication from the examining division, the applicant may, of his own volition, amend the description, claims and drawings (R. 86(2) EPC 1973). Moreover, since he has the right under R. 51(1) EPC 1973 to comment on the European search report at that stage, he can expect to receive the examining division's response to his comments in the first communication, which can be to his advantage because of his right to submit amendments with his reply to that communication (R. 86(3) EPC 1973; see J 8/83, OJ 1985, 102 and J 9/83).