Part C – Guidelines for Procedural Aspects of Substantive Examination
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  7. 3. No reply in time
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Chapter V – The final stage of examination

Overview

3. No reply in time – application deemed withdrawn 

If the applicant fails to pay the fee for grant and publishing or the claims fees or to file the translation within the period under Rule 71(3), the application is deemed withdrawn unless, within the same period, the applicant files or requests corrections or amendments to the text proposed for grant in the Rule 71(3) communication (see C‑V, 4.1).

Rule 71(7)

If the applicant fails to meet the time limit under Rule 71(3), further processing may be requested under Art. 121 (see E‑VIII, 2). In such a case, the omitted act to be completed would be either:

(i)all of the following acts referred to in Rule 71(3) and Rule 71(4):

(a)payment of the fee for grant and publishing 

(b)payment of any claims fees due  

(c)filing of the translations of the claims; or 

(ii)one or more of the following acts: 

(a)filing amendments and/or corrections to the application documents 

(b)rejecting amendments proposed by the examining division in the Rule 71(3) communication

(c)requesting the grant to be based on a higher-ranking request than the auxiliary request on which the Rule 71(3) communication was based.

Art. 121

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