5.1 When can a summons to oral proceedings be issued in substantive examination? 

At the beginning of substantive examination, if the examining division is of the opinion that the application cannot be granted directly, at least one substantive communication within the meaning of Art. 94(3) will generally be sent before the division issues a summons to oral proceedings (see C‑III, 4).

Exceptionally, a summons to oral proceedings may be issued as the first action in examination proceedings, provided that the criteria set out in C‑III, 5 are met.

In examination proceedings, where the applicant has been invited to provide a translation of the priority application according to Rule 53(3) (see A‑III, 6.8.2 and F‑VI, 3.4), no summons to oral proceedings will be issued until either the translation is provided or the period for further processing in respect of the time limit according to Rule 53(3) has expired.