Where the request for examination was filed before transmittal of the supplementary European search report, which is usually the case (see point 588), the EPO invites the applicant after transmittal of the supplementary European search report to indicate whether he wishes to proceed further with the application, unless the applicant has expressly waived the right to receive such invitation (see point 589).
Where the applicant wishes to proceed further, he must notify the EPO accordingly within the six-month time limit. Within the same time limit he may comment on the supplementary European search report by filing amendments. He must also make sure that, if the EPO has issued a negative written opinion, a substantive (mandatory) reply is submitted to ensure that the application is not deemed withdrawn in its absence (see point 494).
If the application is withdrawn, refused or deemed withdrawnIf prosecution is stopped after the applicant has indicated that he wishes to proceed further and the examining division has assumed responsibility, the applicant may be entitled to a refund of 75% of the examination fee. This also applies if no supplementary European search report is drawn up (see points 577 ff).However, if at that time the examining division has started substantive examination, the examination fee will not be refunded.
Date retrieved: 02 November 2015
11 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E IV 5 Amendments and the Rule 161 EPC/Rule 162 EPC communication if a supplementary European search is carried out