1. Request for examination
If the applicant files a request for examination before the search report is sent to them, the EPO will invite them to confirm, within a six-month period, that they wish to proceed with their application. This six-month period is calculated from the mention of the European search report's publication in the European Patent Bulletin. Where the applicant also has to respond to the search opinion, their response is required within this same period (see B‑XI, 8 and C‑II, 3.1). In such a case, 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 they fail to confirm their wish to proceed with the application in due time in reply to this invitation, the application will be deemed withdrawn.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 For the conditions applicable to a refund of the examination fee if the application is withdrawn, refused or deemed withdrawn, see A‑VI, 2.5.