Where the request for examination was filed before transmittal of the supplementary European search report, which is usually the case (see point 590591), the EPO invites the applicant after transmittal of the supplementary European search report to indicate within a six-month time limit whether he wishes to proceed further with the application, unless the applicant has expressly waived the right to receive such invitation (see point 591592). With the same communication, the applicant is invited to correct any deficiencies noted in the search opinion accompanying the supplementary European search report. Such a reply is mandatory if the search opinion was negative. If the applicant fails to file a reply in such a case, the application is deemed to be withdrawn (see points 579-580).
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 or must, as the case may be, 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a negative written opinion, a substantive (mandatory) reply is submitted to ensure that the application is not deemed withdrawn in its absence (see point 492495).
If the applicant does not wish to proceed further, he may actively withdraw the application, or refrain from answeringallow it to lapse by simply not filing a reply within the time limit set in the respective invitation.communication under Rules 70(2) and 70a(2) EPC. This will result in the application being deemed withdrawn.
If the application is withdrawn, refused or deemed withdrawn after the applicantsubstantive examination has indicated that he wishesbegun but before expiry of the time limit for replying to proceed further andthe first invitation issued by the examining division under Art. 94(3) EPC or, if no such invitation has assumed responsibility, the applicant may be entitled to a refund of 75%been issued, before the date of the examination fee. However, if at that time the examining division has started substantive examinationcommunication under Rule 71(3) EPC, the examination fee will not beis refunded. at a rate of 50%.
Date retrieved: 24 November 2017
14 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
Offical Journal of the EPO
XOJ EPO 2016, A49 - Notice from the European Patent Office dated 30 June 2016 concerning refunds of the examination fee (Article 11 of the Rules relating to Fees)