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Guidelines for Examination

 
 

2.4 Transmission of the dossier to the Examining Division

If the Receiving Section finds that the request for examination was filed in due time, or the desire to proceed further with the application was indicated in due time (Rule 70(2)), it transmits the application to the Examining Division. Otherwise, it notes the loss of rights which has occurred (see Rule 112(1)).

The dossier as transmitted to the Examining Division contains the following, some of which are present in a paper dossier, while others are present in a corresponding computer dossier:

(i)
all documents filed in relation to the application, including priority documents, translations and any amendments; 
(ii)
any certificate filed in relation to display at an exhibition (see A‑IV, 3) and any information furnished under Rule 31 when the application relates to biological material (see A‑IV, 4);
(iii)
the European search report, if applicable the search opinion, the content of the abstract as drawn up by the Search Division, and the internal search note, if any; 
(iv)
copies of documents cited in the search report, and two copies of the publication document(s); 
(v)
the applicant's response to the search opinion (see B‑XI, 8) or to the WO-ISA, supplementary international search report or IPER prepared by the EPO (see E‑VIII, 3.2 and 3.3.4); and
(vi)
all relevant correspondence. Copies of certain EPO communications to applicants or inventors – currently Forms 1048, 1081, 1082 and 1133 – are kept only in the corresponding computer dossier: their most important elements can at all times be printed out (as Form 1190) and placed in the paper dossier.

The Receiving Section will direct attention to any aspects of the application which require urgent attention by the Examining Division, e.g. any letters which have to be answered before the application is examined in its proper turn.