2. Approval of the proposed text – grant of a patent 

If an applicant pays the fee for grant and publishing along with any claims fees due under Rule 71(4) and files the translation of the claims within the specified period (and files or requests no corrections or amendments to the text proposed for grant in the Rule 71(3) communication, see C‑V, 4.1), they are deemed to have approved the text intended for grant.

The above also applies where the Rule 71(3) communication was based on an auxiliary request, provided that the applicant does not reply to the Rule 71(3) communication by requesting that a grant be based on a higher-ranking request. This means that, in the absence of any indication to the contrary, the above acts imply approval of the auxiliary request text upon which the Rule 71(3) communication was based as well as the abandonment of all higher-ranking requests.

The above also applies where the Rule 71(3) communication included the examining division's proposals for amendments or corrections to the text intended for grant (see C‑V, 1.1). Consequently, provided the applicant does not reject these proposals in their reply, completion of the above acts constitutes approval of the text amended or corrected by the examining division.

Once all the requirements set out in C‑V, 1.1 to C-V, 1.4, are met, the decision to grant the European patent is issued, provided that renewal fees and any additional fees already due have been paid.

If a renewal fee falls due after the Rule 71(3) communication's notification but before the next possible date for publication of the mention of the European patent's grant, the decision to grant is not issued and the mention of the grant is not published until the renewal fee has been paid. The applicant is informed accordingly. If the renewal fee or any additional fee is not paid in time, the application is deemed withdrawn (see A‑X, 5.2.4).

In rare cases where examination was accelerated to such an extent that the Rule 71(3) communication is issued before the designation fee falls due, the decision to grant will not be issued and the mention of the grant will not be published until the designation fee has been paid. The applicant is informed accordingly. For European patent applications filed before 1 April 2009 or international applications entering the regional phase before that date, publication will not take place until the designation fees have been paid and the designation of states for which no designation fees have been paid has been withdrawn (see also A‑III, 11.1 and A-III, 11.3).

The decision to grant does not take effect until the date on which the grant is mentioned in the European Patent Bulletin.

For details about the possibility of requesting a delay in issuing the decision to grant a European patent in response to a Rule 71(3) communication until the entry into force of the Agreement on a Unified Patent Court (UPCA), see the decision of the President of the EPO dated 11 November 2022 as well as the notice from the EPO dated 11 November 2022 (OJ EPO 2022, A102 and OJ EPO 2022, A104 respectively).

For information about filing "early requests for unitary effect", see the notice from the EPO dated 11 November 2022 (OJ EPO 2022, A105).