GL C IV 2 Extent of examination of replies

After the first examination stage, provided that the:

– search opinion,

– WO‑ISA (when prepared by the EPO),

– explanation accompanying the supplementary international search report under

GL C IV 1 General procedure

Following the applicant's reply to the search opinion (see B‑XI, 8), WO‑ISA, IPER or supplementary international search report prepared by the EPO (see E‑IX, 3) or to the first communication, the examiner must examine the application, taking into account observations or amendments made by the applicant.

Where the application is one of those mentioned in H‑III, 2.1.4, Rule 137(4) requir

GL C IV – Examination of replies and further stages of examination

1. General procedure

2. Extent of examination of replies

3. Further action upon examination of replies

4. Later stages of examination

5. Examination of amendments

GL C III 7 Evaluation of prior art documents cited in search report and late priority claim

As explained in A‑III, 6.5.1 and 6.5.2, the applicant has the right to correct or to introduce a priority claim within 16 months of the earliest priority (with a minimum of four months from the European filing date in the case of corrections).

GL C III 6 Requesting information on prior art (not confined to priority)

The EPO may invite the applicant to submit, within a period of two months, information on prior art which has been taken into consideration in national or regional patent proceedings concerning an invention to which the European patent application relates. This in particular encompasses search results with respect to applications for patents or utility models whose priority is not being claimed.

GL C III 5 Summons to oral proceedings as the first action in examination

In exceptional cases, the examining division may issue a summons to oral proceedings as the first action in examination.

GL C III 4.2 Invitation to file comments and amendments

The communication should include an invitation to the applicant to file observations, to correct any deficiencies and, if necessary, to submit amendments to the description, claims and drawings. It must also state the period within which the applicant must reply. Failure to reply in due time will cause the application to be deemed withdrawn (see C‑VI, 1, and E‑VIII, 1).

GL C III 4.1.2 Positive statements/suggestions

Where appropriate, the communication should also contain positive statements on patentability where some of the claims meet the patentability requirements (see B‑XI, 3.2.2).

GL C III 4.1.1 Reasoned objections

As with the search opinion, for each objection the communication should indicate the part of the application which is deficient and the requirement of the EPC which is not met, either by referring to specific articles or rules, or by other clear indication; it should also give the reason for any objection where this is not immediately apparent (for more details see B‑XI, 3.2).[Rule 71(2); ]

The burden of proof and the onus of presentation of the relevant facts about pat

GL C III 4.1 Reasoning

4.1.1 Reasoned objections

4.1.2 Positive statements/suggestions