3.2 Reply to the invitation under Rule 63(1)
If applicants do not reply to the invitation under Rule 63(1) in time, the search division will take its own decision on what to search. It will then draw up a partial search report for what it searched or, in exceptional cases, issue a declaration of no search. As the limitation of the search has consequences in examination (see H‑II, 5 and H‑IV, 4.1.1), any late-filed reply will be included in the file for consideration at that stage because it may be useful for reviewing the search division's arguments for carrying out an incomplete search.
Given that the search report should be published with the application, applicants cannot request further processing if they miss the two-month period under Rule 63, but they can request re-establishment of rights (see OJ EPO 2009, 533).