In the opinion accompanying the European search report the European Patent Office shall give the applicant the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period referred to in Rule 70, paragraph 1.
In the case referred to in Rule 70, paragraph 2, or if a supplementary European search report is drawn up on a Euro-PCT application, the European Patent Office shall give the applicant the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period specified for indicating whether he wishes to proceed further with the application.
If the applicant neither complies with nor comments on an invitation in accordance with paragraph 1 or 2, the application shall be deemed to be withdrawn.
Inserted by decision of the Administrative Council CA/D 3/09 of 25.03.2009 (OJ EPO 2009, 299), which entered into force on 01.04.2010.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r70a.html
Date retrieved: 17 May 2021
45 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO 2017, A20 - Notice from the European Patent Office dated 3 March 2017 concerning issuing a provisional opinion accompanying the partial search results
XOJ EPO 2010, 352 - Notice from the European Patent Office dated 4 May 2010 concerning the programme for accelerated prosecution of European patent applications "PACE"
XOJ EPO 2009, 542 - Notice from the European Patent Office dated 22 October 2009 concerning the refund of the examination fee (Article 11 of the Rules relating to Fees)
XOJ EPO 2009, 533 - Notice from the European Patent Office dated 15 October 2009 concerning amendments to the Implementing Regulations to the European Patent Convention (EPC)
XOJ EPO 2009, 299 - Decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 3/09)