GL C V 4.10 Amendments/corrections filed in second Rule 71(3) period

In cases where a second Rule 71(3) communication is sent (see C‑V, 4.6 and 4.7.2) and the applicant replies within this second Rule 71(3) period by doing one or more of the following, the procedures explained in C‑V, 4.1 to

GL C V 4.9 Reply explicitly disapproving the proposed text without indicating an alternative text

If the applicant replies to the communication under Rule 71(3) by simply disapproving of the text proposed for grant, not indicating an alternative text and not paying any fees or filing the translations of the claims, the following will apply:

(1)If the text proposed for grant was based on the main request submitted by the applicant (without any amendments or corrections proposed by the exami

GL C V 4.8.2 Fee for grant and publishing

In order for the text on which the second Rule 71(3) communication is based to be deemed approved according to Rule 71(5), it is necessary for the applicant to pay the fee for grant and publishing in response to the communication, thus also avoiding deemed withdrawal of the application under Rule 71(7).

For European applications filed before 1 April 2009 or international applications entering the European phase before that date, the fee

GL C V 4.8.1 Claims fees

In order for the text on which the second Rule 71(3) communication is based to be deemed approved according to Rule 71(5), it is necessary for the applicant to pay any claims fees which are due in response to the communication, thus also avoiding deemed withdrawal of the application under Rule 71(7) (for the calculation of claims fees due at this stage, see C‑V, 1.4).

Since no claims fees would n

GL C V 4.8 Fees to be paid within the second Rule 71(3) period

Where the applicants file amendments or corrections in response to the first communication under Rule 71(3), they do not have to pay either the fee for grant and publishing or the claims fees (see C‑V, 4.1).

GL C V 4.7.3 No agreement reached on a text - refusal

If, after resumption of examination, no agreement can be reached on a text, the application is refused (see C‑V, 14). For details on conducting the resumed examination proceedings before issuing this decision, see C‑V, 4.7.1.[Art. 97(2); ]

GL C V 4.7.2 Agreement reached on a text - second Rule 71(3) communication

If the resumption of examination described in C‑V, 4.7.1, results in an allowable and admissible text being filed or results in the applicant convincing the examining division that the text already filed in response to the Rule 71(3) communication is in fact admissible and allowable, a second Rule 71(3) communication is sent based on this agreed text.

GL C V 4.7.1.1 Higher-ranking request not admissible and/or not allowable

If applicants reply to the Rule 71(3) communication by requesting that a grant be based on a higher-ranking request and the examining division is not convinced by the arguments and evidence filed by the applicants with their reply, the examining division resumes examination following the procedure in C‑V, 4.7.1.

GL C V 4.7.1 Communications/oral proceedings after resumption

Where the grounds or evidence behind the finding of non-allowability or inadmissibility of the amendments have not yet been dealt with in examination proceedings, before issuing a summons to oral proceedings or a decision to refuse (see C‑V, 4.7.3) the examining division will send a communication according to Art. 94(3) and Rule 71(1) and (2) explaining this finding.[

GL C V 4.7 Amendments not admitted and/or not allowable, examination resumed

Until the decision to grant the European patent, the examining division may resume the examination proceedings at any time. This applies inter alia when the applicant files non-allowable or inadmissible amendments in response to the Rule 71(3) communication.[Rule 71a(2); ]]

4.7.1 Communications/oral proceedings after resumption