1.1 Confirmation of the intention to proceed further with the application 

If applicants have filed a request for examination before the search report has been transmitted to them, the EPO will invite them to confirm, within a six-month period, that they desire to proceed further with their application. This six-month period is calculated from the mention of the publication of the European search report in the European Patent Bulletin. Where applicants also have to respond to the search opinion, their response is required within this same period (see B‑XI, 8 and C‑II, 3.1). In these cases, the applicant's response to the search opinion is interpreted as the confirmation required by Rule 70(2), even where not explicitly expressed as such. If applicants fail to confirm their desire to proceed further with the application in due time in reply to this invitation, the application will be deemed to be withdrawn. In this case, however, the means of redress provided for in Art. 121 (further processing of the application) will apply (see A‑VI, 2.3 and E‑VIII, 2). For the conditions applicable to a refund of the examination fee if the application is withdrawn, refused or deemed to be withdrawn, see A‑VI, 2.5.