Rule 137(4) and oral proceedings

A Rule 137(4) communication will not be sent where the amendments in question are filed during oral proceedings. Nonetheless, it is a requirement of Rule 137(4) that amendments and their basis be identified. If the applicant fails to fulfil this requirement in respect of amendments filed during oral proceedings, the amendments may, for reasons of procedural economy and taking into account the applicant's right to be heard in accordance with Art. 113(1), be rejected as inadmissible by the examining division, exercising its discretion under Rule 137(3).

Amendments filed in preparation for oral proceedings in response to the invitation according to Rule 116(2) will be dealt with in those oral proceedings as indicated above. However, if the oral proceedings are cancelled or the applicant does applicants do not attend and the procedure is continued in writing after the oral proceedings are held in his their absence, a Rule 137(4) communication may be sent by the examining division in respect of those amendments.

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