Guidelines for Examination:PART C: CHAPTER VI EXAMINATION PROCEDURE

Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE

HOME

E / D / F

PART C

CHAPTER V PRIORITY

1. The start of examination

1.1 Request for examination

1.1.1 Confirmation of early request for examination

1.1.2 Acceleration of examination procedure

1.1.3 Euro-PCT applications

1.1.4 Invention to be examined

1.2 Allocation of the application

1.3 Examining Division

1.4 Designation fees, extension fees

2. Examination procedure in general

2.1 Purpose of examination

2.2 Topping-up search

2.3 Communication with the applicant

2.4 Re-examination, refusal, appeal, interlocutory revision

2.5 Communication under Rule 51(4)

2.6 Grant of a patent

2.7 Application deemed withdrawn

2.8 Amendments

2.9 Examination stages

3. The first stage of examination

3.1 Filing of comments and amendments by the applicant; PACE

3.2 Amendments by the applicant following the EESR and made of his own volition

3.2a Unity of invention

3.3 First communication

3.3.1 Euro-PCT applications

3.4 Reasoned objections

3.5 Invitation to file comments and amendments

3.6 Late arrival of amendments by the applicant following the EESR and made of his own volition

4. Further stages of examination

4.1 General procedure

4.2 Extent of re-examination

4.3 Further action upon re-examination

4.4 Later stages of re-examination

4.5 Decision according to the state of the file

4.6 Examination of amendments

4.7 Admissibility of amendments made by the applicant

4.8 Examples of inadmissible amendments

4.9 Amendments filed in reply to a communication under Rule 51(4)

4.10 Further requests for amendment after approval

4.11 Resumption of the examination proceedings

5. Amendments

5.1 Making amendments

5.2 Allowability of amendments

5.3 Additional subject-matter

5.3.1 Basic principle; priority document

5.3.2 Examples

5.3.3 Clarification of a technical effect

5.3.4 Introduction of further examples and new effects

5.3.5 Evidence

5.3.6 Supplementary technical information

5.3.7 Revision of stated technical problem

5.3.8 Reference document

5.3.9 Alteration, excision or addition of text

5.3.10 Replacement or removal of a feature from a claim

5.3.11 Disclaimers not disclosed in the application as filed

5.4 Correction of errors

5.5 Plural forms of amendment

6. Discussion with the applicant

6.1 General remark

6.2 Telephone conversation, personal interview

7. Work within the Examining Division

7.1 General remarks

7.2 Recommendation to grant

7.3 Recommendation to refuse

7.4 Tasks of the other members of the Examining Division

7.5 Further communication with the applicant

7.6 Refusal

7.7 Decision

7.8 Enlargement of the Examining Division; consultation of a legally qualified examiner

8. Search-related issues in examination

8.1 (deleted)

8.2 (deleted)

8.3 (deleted)

8.4 Search for conflicting European applications

8.5 Additional searches during examination

8.6 (deleted)

8.7 Search at the examination stage

8.8 Citing documents not mentioned in the search report

9. Special applications

9.1 Divisional applications (see also A-IV, 1)

9.1.1 General remarks

9.1.2 Voluntary and mandatory division

9.1.3 Time limit; abandonment of subject-matter

9.1.4 Examination of a divisional application

9.1.5 Description and drawings

9.1.6 Claims

9.2 Applications resulting from a decision under Art. 61

9.2.1 General remarks

9.2.2 Original application no longer pending

9.2.3 Partial entitlement

9.2.4 Entitlement for certain designated States only

9.3 Applications where a reservation has been entered in accordance with Art. 167(2)(a)

9.4 International applications (Euro-PCT applications)

10. (deleted)

11. Time limits for response to communications from the examiner

11.1 General considerations

11.2 Special circumstances

12. Examination of observations by third parties

13. Oral proceedings

14. Taking of evidence

14.1 General remark

14.2 Producing evidence

14.3 Written evidence

15. The final stage of examination

15.1 Communication under Rule 51(4)

15.2 Grant of a patent

15.3 Application deemed withdrawn

15.4 Amendments filed in reply to a communication under Rule 51(4)

15.4a Exceptions to the requirement of Rule 51(5)

15.5 Resumption of the examination procedure

15.6 Further processing

15.7 Refund of fees

15.8 Publication of the patent specification

15.9 Withdrawal before publication of the patent specification

15.10 Certificate

15.11 European Patent Bulletin