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Guidelines for Examination

 
 
2.3
Legal remedy 

If the request for examination is not validly filed before expiry of the period under Rule 70(1), the application is deemed to be withdrawn and the applicant is notified accordingly. In response to this communication concerning loss of rights, the applicant can request further processing in accordance with Art. 121 and Rule 135.

If the applicant has validly filed a request for examination before the European search report has been transmitted to him, the Receiving Section invites him according to Rule 70(2) to indicate within six months from the date of the mention of the publication of the search report in the European Patent Bulletin whether he desires to proceed further with his application. If he fails to respond to this request in time, the application is deemed to be withdrawn and the applicant is notified accordingly. In this case, the applicant may also avail himself of the legal remedy under Art. 121 and Rule 135 (further processing of the application). Regarding reimbursement of the examination fee, see A-VI, 2.2 and A-X, 10.2.4. C-VI, 3, describes the procedure in respect of a categorical request for examination, as provided for in Rule 10(4), where the applicant waives the right to the communication according to Rule 70(2).

Regarding Euro-PCT applications entering the regional phase, see E-VIII, 2.1.3 and 2.5.2.