3. The grant stage in examination
Overview
By decision of the Administrative Council CA/D 2/10 of 26 October 2010 (OJ 2010, 637), R. 71 EPC's paragraphs 3 to 7 of were amended, its paragraphs 8 to 11 were deleted and new R. 71a EPC was inserted. The provisions as amended entered into force on 1 April 2012.
R. 71 EPC governing the last phase of the grant proceedings has been split into two separate rules: new R. 71 EPC focuses on the work of the examining division and R. 71a EPC on issues which arise when the grant procedure is concluded and which are mainly dealt with by the formalities officer acting on behalf of the division.
- J 3/22
Catchword:
Once the public is officially informed by an EPO publication of an explicit declaration of withdrawal and without any indication that this declaration might have been erroneous, there is no room for a further balancing of the interests of the general public and the applicant (confirming the settled case law of the boards of appeal, see Reasons 2.2 to 2.13).
- Annual report: case law 2022
- Summaries of decisions in the language of the proceedings