Confirmation of the intention to proceed further with the application 

If the applicant has filed a request for examination before the search report has been transmitted to him, the EPO will invite him to confirm, within a six-month period, that he desires to proceed further with his application. This six-month period is calculated from the mention of the publication of the European search report in the European Patent Bulletin. Where the applicant also has to respond to the search opinion, his response is required within this same period (see B‑XI, 8, and C‑II, 3.1). In these cases, the applicant's response to the search opinion is interpreted as the confirmation required by Rule 70(2), even where not explicitly expressed as such. If the applicant fails to confirm his desire to proceed further with the application in due time in reply to this invitation, the application will be deemed to be withdrawn. In this case, however, the means of redress provided for in Art. 121 (further processing of the application) will apply (see A‑VI, 2.3, and E‑VIII, 2). For the conditions applicable to a refund of the examination fee if the application is withdrawn, refused or deemed to be withdrawn, see A‑VI, 2.5.

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