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Where the request for examination was filed before transmittal of the supplementary European search report, which is usually the case (see point 583), the EPO invites the applicant after transmittal of the supplementary European search report to indicate whether he wishes to proceed further with the application, unless the applicant has expressly waived the right to receive such invitation (see point 584).
Where the applicant wishes to proceed further, he must notify the EPO accordingly within the time limit set. Within the same time limit he may comment on the supplementary European search report by filing amendments. He must also make sure that, if the EPO has issued a negative written opinion, a substantive (mandatory) reply is submitted to ensure that the application is not deemed withdrawn in its absence (see point 490).
If prosecution is stopped after the applicant has indicated that he wishes to proceed further and the examining division has assumed responsibility, the applicant may be entitled to a refund of 75% of the examination fee. This also applies if no supplementary European search report is drawn up (see points 567 ff).
OJ 2009, 542