Where the applicant has filed the request for examination according to Rule 70(1) before the search report has been communicated to him and has waived the right to receive the communication under Rule 70(2) (see C‑II, 1(ii)), the despatch of the search report to the applicant causes the application to enter the competence of the examining division (Art. 18(1) and Rule 10(2)).
In this case, where the application contains deficiencies, the examining division will issue a communication according to Art. 94(3) in place of the search opinion. Failure to respond to this communication results in deemed withdrawal of the application according to Art. 94(4) (see C‑III, 4.2).
If the application is ready for grant, the procedure is as follows:
The examining division will issue a communication according to Rule 71(3).
Date retrieved: 30 December 2018
31 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
EPO Guidelines - B Search
XGL B VIII 2.1 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body