What can I do if I omitted to file a waiver or did not fulfil all requirements for the waiver?

If you omitted to file a waiver or if you did not fulfil all requirements for the waiver to become valid, the communication under Rules 161(1) and 162(2) EPC will be issued. However, you can still shorten the subsequent six-month period by filing an early response to the communication and explicitly stating that you do not wish to use the remainder of the period.

Further information on the communication under Rules 161 and 162 EPC and the waiver option can be found in the Guidelines for Examination in the EPO, A-XII, 7.2 and 7.2.1 and A-XIV, 2.1and in the notice from the EPO dated 30 November 2015 concerning ways to expedite the European grant procedure.