In any communication under Article 94, paragraph 3, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified.
Any communication under Article 94, paragraph 3, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent.
(3)[ 88 ]
Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and of the related bibliographic data. In this communication the Examining Division shall invite the applicant to pay the fee for grant and publishing and to file a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings within four months.
If the European patent application in the text intended for grant comprises more than fifteen claims, the Examining Division shall invite the applicant to pay claims fees in respect of the sixteenth and each subsequent claim within the period under paragraph 3 unless the said fees have already been paid under Rule 45 or Rule 162.
If the applicant, within the period laid down in paragraph 3, pays the fees under paragraph 3 and, where applicable, paragraph 4 and files the translations under paragraph 3, he shall be deemed to have approved the text communicated to him under paragraph 3 and verified the bibliographic data.
If the applicant, within the period under paragraph 3, requests reasoned amendments or corrections to the communicated text or keeps to the latest text submitted by him, the Examining Division shall issue a new communication under paragraph 3 if it gives its consent; otherwise it shall resume the examination proceedings.
Paragraphs 3-7 amended, paragraphs 8-11 deleted and Rule 71a inserted by decision of the Administrative Council CA/D 2/10 of 26.10.2010 (OJ EPO 2010, 637), entered into force on 01.04.2012.
See the notice from the EPO, OJ EPO 2012, 52.
See notice from the EPO concerning the possibility to waive the right to a further communication under Rule 71(3) EPC, OJ EPO 2015, A52.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r71.html
Date retrieved: 24 November 2017
168 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C IV 3.1 Further action where a request for a translation of the priority application was sent earlier in examination proceedings
XGL C V 4.6.1 Applicant rejects amendments proposed by examining division in first Rule 71(3) communication
XGL C V 4.6.2 Second Rule 71(3) invitation based on higher request initially rejected in first Rule 71(3) invitation
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO SE 1/2017, p74 - VII.5 - Compensation and fees payable to witnesses and experts (OJ EPO 1983, 100) [ 1 ]
XOJ EPO 2017, A86 - Notice from the European Patent Office dated 5 July 2017 concerning the filing and processing of third-party observations under Article 115 EPC
XOJ EPO 2015, A52 - Notice from the European Patent Office dated 8 June 2015 concerning the possibility to waive the right to a further communication under Rule 71(3) EPC
XOJ EPO 2013, 503 - Decision of the Administrative Council of 16 October 2013 amending Rule 135 and 164 of the Implementing Regulations to the European Patent Convention
XOJ EPO 2013, 16 - Notice from the European Patent Office dated 3 December 2012 on calculation of the time limit under Rule 36(1) EPC
XOJ EPO 2012, 52 - Notice from the European Patent Office dated 13 December 2011 concerning amended Rule 71 and new Rule 71a EPC
XOJ EPO 2011, 273 - Notice from the European Patent Office dated 11 March 2011 concerning identification of the examining division's first communication in respect of the earliest application for which a communication has been issued (Rule [..]
XOJ EPO 2010, 637 - Decision of the Administrative Council of 26 October 2010 amending the Implementing Regulations to the European Patent Convention and the Rules relating to Fees (CA/D 2/10)
XOJ EPO 2010, 352 - Notice from the European Patent Office dated 4 May 2010 concerning the programme for accelerated prosecution of European patent applications "PACE"
XOJ EPO 2009, 601 - Notice from the European Patent Office dated 26 October 2009 on the establishment of the date of the Examining Division's first communication for calculation of the time limit under Rule 36(1)(a) EPC as from 1 April 2010
XOJ EPO 2009, 481 - Notice from the European Patent Office dated 20 August 2009 concerning amended Rule 36(1) and (2) EPC (European divisional applications) and consequential amendments to Rules 57(a) and 135(2) EPC
XOJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)