GA E IV 4 Waiving the Rule 161/162 communication

In order to accelerate the European grant procedure the applicant can, if so desired in addition to a PACE request (see point 445), waive his right to the Rule 161/162 communication by ticking the first check box in Section 12.2 of Form 1200.
This waiver will be effective and no Rule 161/162 communication issued only if the applicant has taken all steps required to make its issuance superfluous. In other words, he must ensure that all requirements for the application to proceed to the next phase of the European grant procedure without the communication being issued are fulfilled. 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 161/162 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 445).

11 references found.

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EPC Implementing Rules

EPO Guidelines - E General Procedural Matters

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

Offical Journal of the EPO