6.1 At least one communication in examination

If there are still deficiencies in the application after the applicant has filed the mandatory response under Rule 161(1), the examining division will generally issue at least one communication under Art. 94(3) in combination with Rule 71(1) and (2) at the start of substantive examination proceedings. The examiner will then consider the applicant's reply to it before issuing a decision or a summons to oral proceedings. This applies regardless of whether a communication under Rule 164(2)(a) has been issued (as described in more detail in A‑XIV, 6.2). In exceptional cases, a summons to oral proceedings may be issued as the first action in examination proceedings (see C‑III, 5).

When drawing up the first communication in examination for such cases, the examiner may have to consider the ISR (with the IPRP) or the IPER, any supplementary international search report (including explanations under Rule 45bis.7(e) PCT), any supplementary European search report and accompanying search opinion drawn up by the EPO (B‑II, 4.3; B‑XI, 8) and any comments or amendments filed by the applicant in response (C‑II, 3.1).

Where a translation of the priority document is required, an invitation under Rule 53(3) to submit the document may be sent (only) by the examining division after expiry of the six-month period under Rules 161 and 162 (A‑XIII, 11.2.1; F‑VI, 3.4).

Where the EPO acts as elected Office, the IPER and the documents attached to it must be considered in accordance with A‑XIV, 6.3.