2.1.3 Further possibilities for amending the application

After expiry of the six-month period under Rules 161 and 162, further possibilities for amending the application are limited.

If a supplementary European search is carried out, the applicant is always invited to submit amendments on receipt of the European search report. If the opinion was negative, amendments are mandatory (A‑XIV, 5). It is at the examining division's discretion whether to accept any further amendment at a later stage of the proceedings.

A reduction in the search fee in accordance with the decision of the Administrative Council under Art. 153(7) does not apply to any further search fee (to be) paid under Rule 164(1).

By way of exception, the applicant will have a further opportunity to submit amendments without requiring the consent of the examining division in cases where the supplementary European search is dispensed with (A‑XIII, 3) and the examining division considers that a claimed invention or group of inventions within the meaning of Art. 82 was not searched by the EPO in its capacity as (S)ISA (A‑XIV, 6.2). In these cases, the examining division must invite the applicant to pay a further search fee under Rule 164(2) for each invention that was not searched. On condition that a further search fee is paid, a further search is carried out (Rule 164(2)(a)). In response to the communication of the results of the further search(es), the applicant may amend the application in accordance with Rule 164(2)(b) (C‑III, 3.1).