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Guidelines for Examination

 
 

3.1.4 Indication of amendments made in main and/or auxiliary requests in examination proceedings

Where main and auxiliary requests 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 main and/or auxiliary requests (see H‑III, 2.1.1).

Alternatively, where Rule 137(4) is not complied with in respect of a specific request (main or auxiliary), this request may be rejected as inadmissible under Rule 137(3) (see H‑III, 2.1.1). When exercising its discretion under Rule 137(3), an Examining Division must consider and balance the applicant's interest in obtaining a patent which is legally valid in all of the designated states and the EPO's interest in a speedy conclusion of the proceedings. Furthermore, the exercise of discretion under Rule 137(3) needs to be reasoned.