1.2.3 Transfer of the responsibility for examining the application to the examining division

Responsibility for examining the application passes from the Receiving Section to the examining division once a request for examination has been filed (R. 10(2) EPC). This is subject to two exceptions: (i) if a request for examination has been filed before the European search report has been transmitted to the applicant, then the examining division is responsible from the time when the EPO receives the confirmation of the request for early examination following an invitation under R. 70(2) EPC; (ii) if the applicant has also waived the right under R. 70(2) EPC, then the examining division is responsible from the time when the search report is transmitted to the applicant (R. 10(3) EPC and R. 10(4) EPC; EPC Guidelines C‑II, 1 – April 2025 version).