GL E IX 4.3.3 Consideration of the contents of the IPER

If the international preliminary examination report has been drawn up by the EPO, it is to be regarded as an opinion for purposes of examination, and generally the first communication will be based on the opinion expressed in the IPER and the applicant's response to it filed in accordance with Rule 161(1) (if applicable, see E‑IX, 3).

GL E IX 4.3.2 Basis for substantive examination

Normally, the documents which are indicated in the international preliminary examination report as forming the basis for that report will also form the basis for the substantive examination in the EPO as an elected Office in the European phase. New documents (claims, description, drawings) submitted during the international preliminary examination and replacing the earlier filed documents will be attached to the international preliminary examination report.

GL E IX 4.3.1 Comparative test results

Where the EPO has established the IPER and refers therein to the submission of test reports, applicants are taken to agree to the use of these reports as the basis for proceedings before the EPO when they use the standard form for entry into the European phase before the EPO as elected Office, i.e. Form 1200.

GL E IX 4.3 Substantive examination of a Euro-PCT application accompanied by an IPER

The substantive examination is conducted in the same way as with any other European applications. Where the EPO was the International Preliminary Examining Authority, the international preliminary examination will normally have been carried out by the examiner responsible for examining the related Euro-PCT application.

The application to be examined will be accompanied by an international preliminary examination report drawn up in one of the official languages of the EPO.

GL E IX 4.2 No examination of multiple inventions in EP phase

Although under PCT Chapter II, where the EPO is the IPEA, the applicant can have multiple inventions examined in one IPER if further examination fees have been paid (or if the examiner has chosen not to invite the applicant to pay further fees), in the European procedure only one invention will be examined.

In cases where protection is sought for an invention not covered by the (supplementary) international search report, by the supplementary European search report or by a search carried out under

GL E IX 4.1 At least one communication in examination

If deficiencies persist in the application even after applicants have filed their response to the WO‑ISA, supplementary international search report or IPER (as required by Rule 161(1)), the examining division will in general issue at least one communication according to Art. 94(3) and Rule 71(1) and (2) in subsequent examination proceeding

GL E IX 4 Examination procedure

4.1 At least one communication in examination

4.2 No examination of multiple inventions in EP phase

4.3 Substantive examination of a Euro-PCT application accompanied by an IPER

GL E IX 3.4 Rule 137(4) applies

In the case of Euro-PCT applications for which an international search report or supplementary European search report has been drawn up by the EPO since 1 April 2010, if amendments which are to form the basis for further examination were filed either during the Rule 161(1) time limit or earlier, the requirements of Rule 137(4) must be complied with (the amendments must be identified and the basis for them in the application as filed indicated).

GL E IX 3.3.4 Voluntary reply to Rule 161(1) communication

In cases (i) and (ii) mentioned in E‑IX, 3.3.1, and the case mentioned in E‑IX, 3.3.2, where the applicants are not required to respond to the WO‑ISA, SISR or IPER prepared by the EPO (in response to the invitation under Rule 161(1)), they may still do so by filing further amendments and/or comments if they so wish.

GL E IX 3.3.3 Rule 161 communication issued before 1 April 2010

In cases where the Rule 161 communication was already issued before 1 April 2010, there is no requirement to respond to the WO‑ISA prepared by the EPO or to the IPER prepared by the EPO as IPEA; if the applicant has not filed any amendments or comments upon entry into the regional phase before the EPO, the first communication will essentially be based on the content of said WO‑ISA or IPER prepared by the EPO.