The applicant may respond to the EESR by filing amended application documents according to Rule 86(2) (where amended claims are filed before publication, see A-VI, 1.3, paragraph 2). The applicant may also file his observations on the objections raised in the search opinion, either in addition to, or in place of, such amendments. Such amendments and/or observations will only be examined if the application enters the examination stage. In order to ensure that the Examining Division receives the applicant's response to the search opinion before a communication according to Art. 96(2) is issued the applicant should submit it no later than, and preferably with, the request for examination (Art. 94(2)) or the confirmation of intent to continue (Art. 96(1)). Telephone conversations and personal interviews can only take place after the application has entered the examination stage. The examiner must not consent to these earlier.

If the applicant does not reply to the search opinion and the application enters the examination stage (see C-VI, 1.1 and C-VI, 1.1.1), a communication referring to the search opinion and setting a time limit for reply will be issued by the Examining Division as the first communication under Art. 96(2) (see C-VI, 3.3). Failure to respond to this communication in due time will result in the application being deemed withdrawn according to Art. 96(3).