GL C V 11 Withdrawal before publication of the patent specification

The specification of the European patent is not published if the application is withdrawn before termination of the technical preparations for publication. If after termination of the technical preparations the application is withdrawn to avoid publication, non-publication cannot be guaranteed. The EPO will, however, try (in accordance with the principles of J 5/81) to prevent publication on a case-by-case basis if the stage reached in the publication procedure permits this reasonably easily.

GL C V 10 Publication of the patent specification

The decision to grant contains the date of the mention of the grant of the European patent and is sent to the applicant when the technical preparations for printing the patent specification have been completed.

As soon as possible after the mention of the grant is published in the Bulletin, the EPO publishes the patent specification containing the description, claims (in the three official languages) and any drawings.

GL C V 9 Refund of the fee for grant and publishing

If the application is refused, withdrawn prior to notification of the decision on the grant of a European patent or, at that time, deemed to be withdrawn, the fee for grant and publishing will be refunded (for more details see A‑X, 10.2.5).[Rule 71a(6); ]

GL C V 8 Further processing

If the applicant overruns the time limit set under Rule 71(3), further processing may be requested under Art. 121 (see E‑VIII, 2). The procedure to follow is explained in C‑V, 3.

GL C V 7 Correction of errors in the decision to grant

Under certain circumstances, a decision to grant a European patent may be corrected. For more details see H‑VI, 3.

GL C V 6.3 Crediting of fees under Rule 71a(5)

If, in response to an invitation under Rule 71(3), the applicant has already paid the fee for grant and publishing or the claims fees, the amount paid shall be credited if a further such invitation is issued. For more details on this procedure, see A‑X, 11.[Rule 71a(5); ]

GL C V 6.2 A further communication under Rule 71(3)

A second Rule 71(3) communication is sent out if the resumed examination results in a text on the basis of which a patent can be granted (substantive amendments directed to resolving the issues which gave rise to the resumption of examination are possible).[Rule 71(6); ]

If the translations of the claims have already been filed (see C‑V, 1.3) and the fees have already been paid (see C‑V, 1.2

GL C V 6.1 When does the examining division resume examination after approval?

Subsequent to the applicant's approval in response to the Rule 71(3) communication (see C‑V, 2), the examining division may resume the examination procedure at any time up to the moment the decision to grant is handed over to the EPO's internal postal service for transmittal to the applicant (see G 12/91).

GL C V 6 The examining division resumes examination after approval of the text

6.1 When does the examining division resume examination after approval?

6.2 A further communication under Rule 71(3)

6.3 Crediting of fees under Rule 71a(5)

GL C V 5 Further requests for amendment after approval

The criteria for assessing the admissibility of such amendments are dealt with in detail in H‑II, 2.6. The procedure for dealing with such late-filed amendments is explained in C‑V, 6.[Rule 137(3); ]