2. Basis for the search opinion 

Where a European patent application is not based on an international application, the applicant cannot amend it before receiving the search report. This means that the search opinion will always deal with the application documents as originally filed although it will also take account of any reply from the applicant to an invitation under Rule 63(1) (see B‑VIII, 3.4).

However, if it is based on an international application and undergoes a supplementary European search under Art. 153(7) (see B‑II, 4.3), the applicant will have had an opportunity to amend it both in the international phase and on entry into the European phase. The search opinion will then be based on the application documents which the applicant has most recently asked to be processed (this may involve cancelling previously filed amendments and reverting to parts or all of an earlier set of application documents). The supplementary European search report will also relate to these application documents (see B‑II, 4.3 and B‑III, 3.3.2).

Where the search opinion and supplementary European search report deal with amended application documents but the requirements in Rule 137(4) have not been met (see H‑III, 2.1), a communication asking the applicant to meet these requirements (see B‑VIII, 6 and H‑III, 2.1.1) cannot be sent yet (i.e. before the search opinion is drawn up) because the examining division is still not responsible for the application (see C‑II, 1). Once it does take charge of the application, it can send this communication, but only if the amendments in question have not since been withdrawn or superseded (see H‑III, 2.1.1) and only if the application is of one of the types listed in H‑III, 2.1.4.