8.7.2 Procedure in examination proceedings 

In examination proceedings, the formal requirements prescribed by the President under Rule 49(2) apply equally to application documents submitted during oral proceedings by email or by hand.

Documents containing handwritten amendments will normally be accepted by the division as a basis for discussion during oral proceedings until the final text of the patent has been agreed. However, a final decision granting a patent may be taken only on the basis of documents which are formally compliant.

The following applies if the applicant is unable to provide formally correct amended application documents during oral proceedings:

(a)If a decision to refuse a patent application is imminent and formally non-compliant application documents are on file, the examining division will go ahead and issue the decision on the basis of substantive arguments in order to avoid prolonging the proceedings, but it may mention this formal deficiency in the decision. 

(b)If there is agreed patentable subject-matter, the examining division will announce: 

– that the amended application fulfils the requirements of the EPC except for certain formal requirements, e.g. the ones regarding handwritten amendments, and 

– that the procedure will be continued in writing. 

After the oral proceedings have been closed, the formalities officer, acting on behalf of the examining division (see A‑III, 3.2), will invite the applicant to file formally correct documents within two months. Where the amendments submitted in response differ from the patentable subject-matter agreed at the oral proceedings, the procedure described in C‑V, 4.7 is to be applied.