4.10 Amendments/corrections filed in second Rule 71(3) period

In cases where a second Rule 71(3) communication is sent (see C‑V, 4.6 and 4.7.2) and the applicant replies within this second Rule 71(3) period by doing one or more of the following, the procedures explained in C‑V, 4.1 to 4.9, apply mutatis mutandis:

filing further amendments or corrections (including the amendments or corrections allowable within the Rule 71(3) waiver procedure, under the conditions described in C‑V, 4.11),
rejecting amendments proposed by the Examining Division in the second Rule 71(3) communication, or
reverting to a higher-ranking request (where the second Rule 71(3) communication is based on an auxiliary request).

In particular, in such cases the applicant will not be required to pay the fee for grant and publishing or any claims fees, nor will he be required to file translations of the claims within this second period under Rule 71(3). If the Examining Division agrees to a text (either with or without resumption of examination), a third communication under Rule 71(3) is then sent. This does not apply where a waiver on receiving a further Rule 71(3) communication was validly filed and consented to by the Examining Division (see C‑V, 4.11).

Furthermore, if the applicant replies to the second Rule 71(3) communication by rejecting amendments proposed by the Examining Division in the first Rule 71(3) communication (where these have not been superseded), the procedures described in C‑V, 4.1 to 4.9 likewise apply mutatis mutandis (no need to pay fees or file translations etc).

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