1.2 Consideration of time limits 

A decision may not be given until any time limit set has expired, unless all the parties affected by the time limit expressly agree that it no longer needs to be observed or they have submitted their final opinions before it expires. However, a decision to grant a patent may be given once the applicant is deemed to have approved the text submitted to them under Rule 71(5) and has fulfilled all other formal requirements, even if the time limit set in the Rule 71(3) communication has not yet expired.

Moreover, as a rule, decisions will not be taken until an internal EPO time limit (e.g. 20 days) following on from the official time limit (but from which the parties cannot derive any rights) has expired. This is designed to ensure that documents received at the end of the period officially allowed have actually been put on file by the time the decision is taken and can therefore be taken into account in the decision.

On submissions and applications received after expiry of a time limit, see E‑VIII, 1.8.