Criteria for admissibility of auxiliary requests 

As a matter of principle, the examining division must, when exercising its discretion under Rule 137(3) not to admit one or more auxiliary requests, balance the interests of the applicant and procedural efficiency (see also H‑II, 2.3, H‑II, 2.5.1, H‑II, 2.6 and H‑II, 2.7).

Thus, an auxiliary request which contains minor deficiencies but otherwise complies with the requirements of the EPC is normally admitted into the procedure.

When deciding on the admissibility of auxiliary requests the principles set out in H‑II are considered for each of the requests, since each request is in fact a set of amended claims.

Auxiliary requests reintroducing subject-matter which has already been considered unallowable and has been removed by the applicant will not be admitted (see also H‑II, 2.3). The same may apply to auxiliary requests introducing new deficiencies.

Quick Navigation