https://www.epo.org/en/service-support/faq/myepo-services/myepo-portfolio/shared-area/what-are-typical-situations-which
What are typical situations in which the shared area is useful?
Typical situations in which the applicant (or their representative where appointed) may want a consultation using the shared area include:
- where there appears to be an error in the communication or in the applicant's reply making it difficult for them or the examiner to prepare the next reply/communication (e.g. wrong document cited, communication based on wrong set of claims, new submissions referred to but not included).
- Where a summons to oral proceedings has been issued and the applicant wishes to discuss amendments with the examiner before submitting them by the due date.
Typical situations in which the examiner may consider it appropriate to consult the applicant include:
- where there appears to be confusion about certain points in dispute, e.g. the applicant seems to have misunderstood the examiner's arguments – or vice versa – so that the written procedure is leading nowhere.
- where the application seems to be ready for grant except that the examiner needs to clarify some minor issues with the applicant or would like to discuss a proposal for amendments to overcome the objections raised.
- where amendments or corrections requested by the applicant after the Rule 71(3) communication have been submitted but the examiner cannot agree to them.
Interactions between the examiner and the applicant don’t typically happen during the search stage, except where the examiner makes a request for clarification.
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