1.2.1 Euro-PCT applications with a supplementary European search report

Where the Euro-PCT application is subject to the preparation of a supplementary European search report (see B‑II, 4.3), the day of dispatch of the report will be indicated in the European Patent Bulletin. While the report itself is not published, it is available for file inspection. Once this report has been dispatched, a communication under Rule 70(2) is sent to the applicant inviting them to confirm the request for examination within six months of that communication's notification. Within that six-month period, the applicant can file amendments and/or comment on both the report and the search opinion. If the search opinion accompanying the supplementary European search report is positive (see B‑XI, 3.9), the response of the applicant is voluntary (see OJ EPO 2009, 533). However, if deficiencies resulting in a negative opinion are noted, a response is required under Rule 70a(2). If the required response is not submitted within the specified period, the application is deemed withdrawn under Rule 70a(3). In such cases, the applicant may file a request for further processing pursuant to Art. 121.