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Case Law of the Boards of Appeal

 
 
3.2.1 General issues

The new provisions decided by the Administrative Council, which entered into force on 1 April 2012 (CA/D 2/10 of 26.10.2010, OJ 2010, 637), are not intended to change the current procedure for cases where the applicant agrees with the text communicated to him under R. 71(3) EPC. This means that if the applicant pays the fees and files the translations within this period (and files or requests no corrections or amendments to the text proposed for grant in the R. 71(3) EPC communication), he will be deemed to have approved the text intended for grant (R. 71(5) EPC) (Guidelines C-V, 2; CA/81/10, R. 71 Rev 1).

The above also applies where the R. 71(3) EPC communication was based on an auxiliary request, provided that the applicant does not reply to the R. 71(3) EPC communication by requesting that a grant be based on a higher request. This means that, in the absence of any indication to the contrary, the above acts imply approval of the text of the auxiliary request upon which the R. 71(3) EPC communication was based as well as the abandonment of all higher requests. The above also applies where the R. 71(3) EPC communication included proposals by the examining division for amendments or corrections of the text intended for grant. Consequently, provided the applicant does not reject these proposed amendments or corrections in his reply, the completion of the above acts constitutes approval of the text containing the amendments or corrections as proposed by the examining division (Guidelines C-V, 4).