If applicants wish to proceed further
to examination, they must notify the EPO accordingly within the six-month time limit indicated in the communication issued by the EPO (see point 5.9.011
). Within the same time limit, they may – or, as the case may be, must – comment on the supplementary European search report by filing amendments (see point 5.4.020
). If they have expressly waived their right to be asked whether they wish to proceed further to examination (waiver to receive the communication under Rule 70(2) EPC
; see point 5.10.005
), no search opinion will be issued and competence for the application will pass to the examining division shortly after the supplementary European search report is issued. In this case, the examining division will either issue a communication under Article 94(3) EPC
, replacing the search opinion, or a communication under Rule 71(3) EPC
if the application is ready for grant.