3.1 Initiation of exchanges by email 

Except in cases where it is a valid filing means (see C‑VII, 3 and E‑III, 8.5.2), neither the examiner nor the applicant should use email without having previously agreed to this, e.g. during a consultation. There must be mutual agreement between the examiner and the applicant to such use if the content of the email goes beyond simply arranging of a date for a consultation or oral proceedings. Furthermore, the mere fact that an email address is indicated on a letter head does not mean that the examiner can use it for file-related matters.

If, on the other hand, an examiner receives an email from an applicant concerning procedural requests or addressing substantive issues without previous agreement, this email cannot simply be ignored, but must be dealt with, ensuring that the content is put in the official file (see also T 599/06). A reply should be sent making clear that email is not an official means of communication and that requests should be filed by permitted means (see A‑II, 1.1, A‑II, 1.2 and A‑II, 1.3).