GL C VIII 7 Enlargement of the examining division; consultation of a legally qualified examiner

If the examining division considers that the nature of the decision so requires, it is enlarged by the addition of a legally qualified examiner.

GL C VIII 6 Decision

Any decision is issued by the examining division as a whole and not by an individual examiner. All members, therefore, sign the written decision irrespective of whether or not it was a unanimous one. If, exceptionally, one or more division members cannot sign the decision, one of the other members, normally the chair, may sign it on their behalf, subject to the conditions defined in E‑X, 2.3. A seal may replace the signature.[Rule 113; ]

GL C VIII 5 Further communication with the applicant

If, in the opinion of the examining division, the possibility exists of amending the application to bring it into a form which meets the requirements of the EPC, then the primary examiner should be entrusted with the task of informing the applicant that the examining division is of the opinion that the application should be refused on certain grounds unless satisfactory amendments are submitted within a stated period (see C‑VI, 1).

GL C VIII 4 Tasks of the other members of the examining division

When an application is referred to the other members of the division, they will first consider the case individually and each will indicate his or her opinion on the course of action to be taken. If there is complete agreement with the recommendation of the primary examiner, no further consultation of the division will be necessary. When further action is needed, the primary examiner will be entrusted with the work.

GL C VIII 3 Recommendation to refuse

When referring to the examining division an application which is not in order for grant of a patent, the examiner should confer with the other members of the division, bringing to their attention the points at issue, summarising the case history to the extent necessary to enable the other members to obtain a quick grasp of the essential facts, and recommending the action to be taken, e.g. refusal, or grant conditional upon certain further amendments. As the other members will need to study the case themselves, there is no need for a detailed exposition.

GL C VIII 2 Recommendation to grant

If examiners considers that the application satisfies the requirements of the EPC and is thus in order to proceed to grant, they should make a brief written report (the "votum").

GL C VIII 1 General remarks

An examining division will normally consist of three technical examiners. However, within the examining division made responsible for the application, one member (the primary examiner) will, as a general rule, be entrusted to carry out all the work up to the point of a decision to grant a patent or refuse the application.

GL C VIII – Work within the examining division

1. General remarks

2. Recommendation to grant

3. Recommendation to refuse

4. Tasks of the other members of the examining division

5. Further communication with the applicant

6. Decision

GL C VII 6 Examination of observations by third parties

The general considerations relating to observations from third parties are set out in E‑VI, 3.

GL C VII 5 Oral proceedings

If a request for oral proceedings, even conditional, was filed before the examining division became responsible for the application (see C‑II, 1), the division must honour the request, even if it was not repeated in examination.

On dealing with new requests filed in reply to a summons to oral proceedings, see C‑IV, 8.

As a rule, oral proceedings in examination proceedings are held by videoconference unless the direct taking of