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Guidelines for Examination


6.2 A further communication under Rule 71(3)

A second Rule 71(3) communication is sent out if the resumed examination results in a text on the basis of which a patent can be granted (substantive amendments directed to resolving the issues which gave rise to the resumption of examination are possible).

If the translations of the claims and fees have already been filed (see C‑V, 1.3) and the fees have already been paid (see C‑V, 1.2 and 1.4) respectively in reply to a previous communication under Rule 71(3) EPC, e.g. in the case of resumption of examination after approval (see Guidelines C‑V, 6, and Rule 71(6)), the applicant must express his agreement as to the text to be granted (Rule 71a(1) EPC) must be expressed within the same non-extendable four-month period mentioned in the further Rule 71(3) communication time limit (e.g. by approving the text and verifying the bibliographic data, by confirming that grant proceedings can go ahead with continue based on the documents on file and/or by stating which translations of the claims already on file are to be used). This also applies if a further Rule 71(3) communication was sent because the Examining Division did not consent to the applicant’s wish to waive his right to such a communication (see C‑V, 4.11).


Rule 71(6)