Part C – Guidelines for Procedural Aspects of Substantive Examination
  1. Home
  2. Legal texts
  3. Guidelines for Examination
  4. Table of Contents
  5. Part C
  6. Chapter VIII
  7. 3. Recommendation to refuse
Print
Facebook Twitter Linkedin Email

Chapter VIII – Work within the examining division

Overview

3. Recommendation to refuse 

When referring an application that is not in order for the grant of a patent to the examining division, the first member should confer with the other members of the division, bringing to their attention the points at issue, summarising the case history to the extent necessary to enable them to obtain a quick grasp of the essential facts and recommending the action to be taken, e.g. refusal, or grant conditional upon certain further amendments. As the other members will need to study the case themselves, there is no need for a detailed exposition. It will be useful, however, to draw attention to any unusual features or points not readily apparent from the documents themselves. If the first member recommends refusal and the issue seems clear-cut, they may have a draft reasoned decision ready for issue by the examining division (see C‑V, 14); if the issue is not clear-cut, the drafting of the reasoned decision should be deferred until the division has discussed the case.

Previous
Next
Footer - Service & support
  • Service & support
    • Website updates
    • Availability of online services
    • FAQ
    • Publications
    • Procedural communications
    • Contact us
    • Subscription centre
    • Official holidays
    • Glossary
Footer - More links
  • Jobs & careers
  • Press centre
  • Single Access Portal
  • Procurement
  • Boards of Appeal
Facebook
European Patent Office
EPO Jobs
Instagram
EuropeanPatentOffice
Linkedin
European Patent Office
EPO Jobs
EPO Procurement
X (formerly Twitter)
EPOorg
EPOjobs
Youtube
TheEPO
Footer
  • Legal notice
  • Terms of use
  • Data protection and privacy
  • Accessibility