Guidelines for Examination:PART C: CHAPTER VI EXAMINATION PROCEDURE, 3. The first stage of examination, 3.3 First communication, 3.3.1 Euro-PCT applications

Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
3. The first stage of examination
3.3 First communication
3.3.1 Euro-PCT applications

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PART C
CHAPTER VI EXAMINATION PROCEDURE
3. The first stage of examination
3.3 First communication

3.3.1

Euro-PCT applications

If the EPO acted as International Searching Authority and/or International Preliminary Examining Authority, a Written Opinion of the International Searching Authority and/or an International Preliminary Examination Report will already have been transmitted to the applicant during the PCT phase. In this case:

(i)	if the applicant has filed amendments or comments upon entry into the regional phase before the EPO, they will be taken into account when drafting the first communication.

(ii)	if the applicant has not filed any amendments or comments upon entry into the regional phase before the EPO, the first communication will essentially be based on the content of said Written Opinion or Preliminary Examination Report.

Where the application under consideration derives from an International application for which the EPO did not act as International Searching Authority and/or International Preliminary Examining Authority, the application is subject to a supplementary search under Art. 157(2)(a) (see B-II, 4.3) and normally an EESR is issued accordingly (see B-XII, 1 and 2). The first communication is then issued as in 3.3 above.