4.2 The international preliminary examination procedure before the EPO as an IPEA
4.2.10.Is it possible to request consultation by telephone?
4.2.030Since the issues to be discussed must be clear, a request for oral communication will not be granted before the applicant has submitted amendments and/or arguments which are to be taken into account by the EPO as IPEA. A request for oral communication may be granted by the EPO acting as IPEA only once and only in the form of consultation by telephone.
Art. 34(2)(a) PCT
R. 66.6 PCT
OJ 2011, 532
WIPO PCT Guide 10.067
4.2.031If the applicant files a request for consultation by telephone before a second written opinion is issued, the EPO as IPEA will comply with it. The applicant will be sent the minutes of the telephone consultation together with an invitation to submit further amendments and/or arguments within the time limit set for reply therein. In such a case, no second written opinion will be issued.
4.2.032If the applicant requests a consultation by telephone and/or a second written opinion before a second written opinion is issued, the discretion to decide whether to consult the applicant by telephone or to establish a second written opinion is left to the EPO as IPEA.
4.2.033If the applicant files a request for consultation by telephone after a second written opinion has been issued but before the date on which the IPER is established, the minutes of the telephone consultation are sent to the applicant but will not be accompanied by an invitation to submit further amendments and/or arguments, and none will be accepted unless agreed upon during the consultation by telephone.