The following question is EPC-related:

I duly filed an application without any claims. Date of filing has been accorded under Art. 80, Rule 40. I will receive an invitation to file claims within 2 months, under Rule 58.

  1. What happens if my new set of claims introduces a fresh subject-matter, not disclosed in the originally filed application? Based on which Art./Rule?

Just to compare: by filing missing parts, Rule 56 (does not apply to claims), the whole application gets re-dated.

Will it lead to an added subject-matter problem under Art. 123(2)? Will the date of filing of the whole application re-dated? Will the claims with old/new subject-matter have different effective date?

  1. What happens if a newly filed application claims priority from the old/new subject-matter of the first application? Based on which Art./Rule?


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