6.3.2 Basis for substantive examination

In many cases, the documents indicated in the IPER as forming its basis also form the basis for substantive examination in the European phase. Amended documents (i.e. amendments to the claims, description and/or drawings) submitted during the international preliminary examination and replacing the previously filed application documents will be attached to the IPER in their original language. If a translation of the annexes is required for the proceedings before the EPO as elected Office, it is up to the applicant to prepare and submit it (Art. 36(3)(a) PCT and Art. 36(3)(b) PCT in combination with Rule 159(1)(a)) (A‑XII, 5.2 and 5.3; A‑XIII, 3).

The applicant may also have made an explicit or implicit request for the examination to be based on the documents in the international application as published or on amendments made in the period between entry into the European phase (A‑XII, 5.3.1) and expiry of the six-month time limit in the communication under Rules 161 and 162 (A‑XIV, 2.1). If any declaration of the applicant in this respect is unclear at the time substantive examination starts, the examiner will have to clarify the situation.