In any communication under Article 94, paragraph 3, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified.
Any communication under Article 94, paragraph 3, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent.
(3)[ 95 ]
Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and of the related bibliographic data. In this communication the Examining Division shall invite the applicant to pay the fee for grant and publishing and to file a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings within four months.
If the European patent application in the text intended for grant comprises more than fifteen claims, the Examining Division shall invite the applicant to pay claims fees in respect of the sixteenth and each subsequent claim within the period under paragraph 3 unless the said fees have already been paid under Rule 45 or Rule 162.
If the applicant, within the period laid down in paragraph 3, pays the fees under paragraph 3 and, where applicable, paragraph 4 and files the translations under paragraph 3, he shall be deemed to have approved the text communicated to him under paragraph 3 and verified the bibliographic data.
If the applicant, within the period under paragraph 3, requests reasoned amendments or corrections to the communicated text or keeps to the latest text submitted by him, the Examining Division shall issue a new communication under paragraph 3 if it gives its consent; otherwise it shall resume the examination proceedings.
Paragraphs 3-7 amended, paragraphs 8-11 deleted and Rule 71a inserted by decision of the Administrative Council CA/D 2/10 of 26.10.2010 (OJ EPO 2010, 637), which entered into force on 01.04.2012.
See notice from the EPO of 13.12.2011 (OJ EPO 2012, 52).
See notice from the EPO of 26.05.2020 (OJ EPO 2020, A73).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r71.html
Date retrieved: 17 May 2021
209 references found. Limiting display to 200 references.
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
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C IV 3.1 Further action where a request for a translation of the priority application was sent earlier in examination proceedings
XGL C V 4.6.1 Second Rule 71(3) communication reversing the amendments proposed by the examining division in first Rule 71(3) communication
XGL C V 4.6.2 Second Rule 71(3) communication based on higher-ranking request initially rejected in first Rule 71(3) communication
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
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 SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2020, A78 - Notice from the European Patent Office dated 4 June 2020 concerning changes to fee payment via the automatic debiting procedure
XOJ EPO 2020, A73 - Notice from the European Patent Office dated 26 May 2020 concerning abolition of the option to waive the right to a further communication under Rule 71(3) EPC
XOJ EPO 2020, A37 - Notice from the European Patent Office dated 27 March 2020 concerning the electronic authentication of decisions and other documents relevant to the decision-making process
XOJ EPO 2020, A33 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2020 [ 1 ]
XOJ EPO 2020, A30 - Notice from the European Patent Office dated 20 March 2020 concerning search and examination fees
XOJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )
XOJ EPO SE 4/2019, p52 - Annex A.3 to the ADA ‒ Fees excluded from the double-payment validation functionality
XOJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 4/2019, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO SE 4/2019, p2 - Notice from the European Patent Office dated 20 August 2019 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2019, A29 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2019 [ 1 ]
XOJ EPO 2019, A20 - Decision of the President of the European Patent Office dated 19 February 2019 amending the Arrangements for deposit accounts (ADA)
XOJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO SE 1/2018, p73 - VII.5 - Compensation and fees payable to witnesses and experts (OJ EPO 1983, 100) [ 1 ]
XOJ EPO 2018, A32 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018 [ 1 ]
XOJ EPO 2018, A26 - Notice from the European Patent Office dated 22 March 2018 concerning search and examination fees
XOJ EPO 2018, A4 - Decision of the Administrative Council of 13 December 2017 amending Articles 2 and 14 of the Rules relating to Fees (CA/D 17/17)
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO SE 1/2017, p74 - VII.5 - Compensation and fees payable to witnesses and experts (OJ EPO 1983, 100) [ 1 ]
XOJ EPO 2017, A86 - Notice from the European Patent Office dated 5 July 2017 concerning the filing and processing of third-party observations under Article 115 EPC
XOJ EPO 2013, 503 - Decision of the Administrative Council of 16 October 2013 amending Rule 135 and 164 of the Implementing Regulations to the European Patent Convention
XOJ EPO 2013, 16 - Notice from the European Patent Office dated 3 December 2012 on calculation of the time limit under Rule 36(1) EPC
Case Law Book: II Conditions to be met by an Application
Case Law Book: III Amendments
Case Law Book: IV Divisional Applications
XCLR IV B 3.2.4 Examination procedure under the previous system (Rule 71 EPC and Rule 51(4) EPC 1973)
XCLR IV B 3.3.3 Criteria for admitting amendments filed in reply to the Rule 71(3) EPC communication