This waiver will be effective and no Rule 161 EPC/Rule 162 EPC communication issued only if the applicant has taken all steps required to make its issuance superfluous. In other words, he must ensure that the application can proceed to the next phase of the European grant procedure without the communication being issued. This means that within the 31-month time limit he must have:
paid any claims fees due for the set of claims indicated as the basis for the procedure in the European phase, and
filed a substantive response, as the case may be, to the WO-ISA, the IPER or the SISR established by the EPO, if in the absence of such a response the EPO would invite the applicant to do so under Rule 161(1) EPC ("mandatory response").
If any requirement for the waiver to be effective is not fulfilled, a Rule 161 EPC/Rule 162 EPC communication will be issued and processing of the application will not start until the six-month time limit set therein has expired. This applies even if a request under the PACE programme is or has been filed (see point 441).
Date retrieved: 02 November 2015