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Guidelines for Examination

 
 
2.1
Communication 

The Receiving Section communicates to the applicant the date on which the European Patent Bulletin mentioned the publication of the European search report and draws his attention to the provisions with regard to the request for examination as set out in Art. 94(1) and (2) and Rule 70(1). If the communication wrongly specifies a later date than the date of the mention of the publication, the later date is decisive as regards the time limit for filing the request for examination (see A-VI, 2.2) and also for responding to the search opinion (see B-XI, 8, and A-VI, 3) unless the error is apparent. In the communication, the applicant is also informed that the designation fee(s) must be paid within six months of the date on which the European Patent Bulletin mentioned the publication of the search report (see A-III, 11.2 and 11.3).

Where the time limit under Rule 70(1) is that within which the applicant must reply to the ESOP (i.e. where Rule 70(2) does not apply), the invitation under Rule 70a(1) is sent in a single communication together with the communication according to Rule 69(1) (see C-II, 3.3).