A second Rule 71(3) communication is sent out if the resumed examination results in a text on the basis of which a patent can be granted (substantive amendments directed to resolving the issues which gave rise to the resumption of examination are possible).[Rule 71(6); ]
If the translations of the claims have already been filed (see C‑V, 1.3) and the fees have already been paid (see C‑V, 1.2 and 1.4) in reply to a previous communication under Rule 71(3), e.g. in the case of resumption of examination after approval (see C‑V, 6, and Rule 71(6)), the applicant must express his agreement as to the text to be granted (Rule 71a(1)) within the non-extendable four-month period mentioned in the further Rule 71(3) communication (e.g. by approving the text and verifying the bibliographic data, by confirming that grant proceedings can continue based on the documents on file and/or by stating which translations of the claims already on file are to be used). This also applies if a further Rule 71(3) communication was sent because the examining division did not consent to the applicant's wish to waive his right to such a communication (see C‑V, 4.11).
Date retrieved: 30 December 2018