2.5.4 Rule 137(4) applies to amendments filed at this stage

Amendments filed in reply to the communication under Rule 71(3) must satisfy the requirements of Rule 137(4) by identifying the amendments and indicating the basis for them in the application as filed (see H‑III, 2.1 and in particular the transitional provisions in H‑III, 2.1.4). If these requirements are not met:

(i)if the application is of one of the types mentioned in H‑III, 2.1.4, the examining division may send a Rule 137(4) communication before proceeding further, as provided for in H‑III, 2.1.1;

(ii)otherwise, if the basis for any amendments is not apparent, the examining division objects to these amendments under Art. 123(2).

In case (i), if the applicant replies to the communication under Rule 137(4) in time, the examining division will then decide if it consents to the amendments and will proceed accordingly as indicated in C‑V, 4.

The examining division has discretion to decide whether to send a communication under Rule 137(4) at this late stage. Alternatively, it can first consult the applicant and, if the amendments and their basis are sufficiently explained in the course of that consultation, a Rule 137(4) communication will no longer be necessary.