5. Amendments relating to unsearched subject-matter – Rule 137(5) EPC

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5.1. General issues

5.2. The purpose of Rule 137(5) EPC

5.3. Applicability of Rule 137(5) EPC

5.4. Criteria for consent to amendments under R. 137(5) EPC

5.5. Non-compliance with Rule 137(5) EPC: a ground for refusing an application

T 2431/19: Rule 137(5) EPC provides for a mandatory requirement that amended claims must fulfil to be allowable. Relating to substantive law rather than to procedural law, Rule 137(5) EPC does not provide a legal basis for the exercise of discretion. The non-admittance of an amended set of claims on the basis of that Rule alone therefore constitutes a substantial procedural violation under Rule 103(1)(a) EPC (see point 2.2 of the Reasons).