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Guidelines for Examination

Response to PCT actions prepared by the EPO 

For Euro-PCT applications where the EPO acted as the International Searching Authority (ISA) and, where a demand under Art. 31 PCT was filed, also as the International Preliminary Examining Authority, or as the authority specified for supplementary international search, the applicant will already have responded to a negative WO-ISA, IPER or supplementary international search report prepared by the EPO (unless the communication under Rule 161 was issued before 1 April 2010 - see E-VIII, 3.3.3).

This response may comprise amendments and/or observations filed in response to the communication under Rule 161(1) (or possibly filed earlier - see E-VIII, 3.3.1). Any amendments filed at this stage are made by the applicant of his own volition in accordance with Rule 137(2) (for more details see C-III, 2.2). This response will be taken into account by the Examining Division when drafting the first communication according to Art. 94(3). For more details, see E-VIII, 4.1, 4.2 and 4.3.


Rule 161(1)