3.4
Rule 137(4) applies

If the application is of one of the types mentioned in H‑III, 2.1.4, andIn the case of Euro-PCT applications for which an international search report or supplementary European search report has been drawn up by the EPO since 1 April 2010, if amendments which are to form the basis for further examination were filed either during the Rule 161(1) time limit or earlier, the requirements of Rule 137(4) must be complied with (the amendments must be identified and the basis for them in the application as filed indicated). If the applicant has not yet complied with these requirements on expiry of the time limit according to Rule 161(1), the examining division may request him to provide this information within a period of one month, by issuing a communication according to Rule 137(4). Failure to respond to this communication in time will lead to the application being deemed to be withdrawn (see H‑III, 2.1 and H‑III, 2.1.1). The examining division may send a Rule 137(4) communication before sending a communication according to Art. 94(3) and Rule 71(1), (2) or (3). Corresponding requirements exist for amendments made in the international phase (Rules 46.566.8 and 70.2 PCT).

Quick Navigation