2.2 Applications containing claims filed after the accorded filing date 

If the application documents contain any claims filed after the accorded filing date (Rules 40(1), Rule 57(c) and Rule 58), the search division has to examine whether those claims meet the requirements of Art. 123(2), i.e. do not go beyond the technical content of the application documents as they were at the filing date. If it finds that they do not meet the requirements, it will carry out the search as described in B‑VIII, 6.

Where the search opinion and search report are based on late-filed claims 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 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take charge of the application, it can send this communication, but only if the late-filed claims have not since been superseded (see H‑III, 2.1.1) and only if the application is of one of the types listed in H‑III, 2.1.4.