7.3 Waiving the right to the invitation under Rule 70(2) to confirm wish to proceed with examination

In most cases, including the cases where a supplementary European search report is to be drawn up, applicants will have to file the request for examination, and pay the examination fee, within the 31-month period (Rule 159(1)(f)) (A‑XIII, 7). After drawing up the supplementary European search report (where applicable), the EPO will invite the applicant to confirm within a six-month period that they wish to proceed further with their application (Rule 70(2)). Where they must also respond to any deficiencies noted in the search opinion, their response is required within this same period (Rule 70a(2)) (A‑XIV, 5).

In order to expedite the European grant proceedings, applicants may waive their right to be asked whether they wish to proceed further with the application, e.g. by selecting the appropriate checkbox in EPO Form 1200 (OJ EPO 2017, A74). In that case, no search opinion will be issued, and the application will proceed directly to examination after the supplementary European search report has been transmitted to them (A‑XIV, 5.2). The examining division will then either issue a communication under Art. 94(3), replacing the search opinion, or a communication under Rule 71(3) if the application is ready for grant (B‑XI, 7; C‑VI, 3).