1.5 Other information in the communication under Rule 71(3)

An annex to the Rule 71(3) communication indicates the contracting states validly designated as well as the extension and validation states for which the corresponding fees have been paid, the title of the invention in the three official languages, the international patent classification, the application's filing date of filing, any priorities claimed, the designated inventors and the applicant's registered name.

The Rule 71(3) communication also states that, where a renewal fee falls due between the communication's notification and the proposed date of the mention of the grant's publication, publication will be effected only after the renewal fee and any additional fee have been paid (see C‑V, 2).

Where the examining division changes its opinion after an earlier negative communication, it will communicate its reasons for this unless they are clear from the applicant's reply, from a communication or from the minutes of a consultation.

During the grant procedure an applicant may submit further technical information, for example:

– comparative tests 

– further examples 

– statements concerning the effects and/or advantages of the invention. 

Technical information extending beyond the content of the application as filed, however, cannot be included in the application by way of amendment (Art. 123(2), H‑IV and H‑V). Such information is added to the file, which is open to inspection (Art. 128(4)), and its existence is indicated on the cover page of the patent specification.

All further documents that were neither cited in the application as filed nor mentioned in the search report but that were cited during the examination procedure are to be indicated, even if they have not been used in an objection concerning novelty or inventive step. This also applies to documents cited to show, for instance, a technical prejudice.