4.10 Amendments/corrections filed in second Rule 71(3) period

In cases where a second Rule 71(3) communication is sent (see C‑V, 4.6 and C-V, 4.7.2) and the applicant replies within the second Rule 71(3) period by doing one or more of the following, the procedures explained in C‑V, 4.1 to C-V, 4.9 apply mutatis mutandis:

(i)filing further amendments or corrections 

(ii)rejecting amendments proposed by the examining division in the second Rule 71(3) communication

(iii)reverting to a higher-ranking request (where the second Rule 71(3) communication is based on an auxiliary request).

In particular, in such cases the applicant will be required neither to pay the fee for grant and publishing or any claims fees, nor to file translations of the claims within this second period under Rule 71(3). If the examining division agrees to a text (either with or without resumption of examination), a third communication under Rule 71(3) is then sent.

Furthermore, if the applicant replies to the second Rule 71(3) communication by rejecting amendments proposed by the examining division in the first Rule 71(3) communication (where these have not been superseded), the procedures described in C‑V, 4.1 to C-V, 4.9 likewise apply mutatis mutandis (no need to pay fees or file translations, etc.).

In respect of repeated requests for amendments in response to the second or subsequent Rule 71(3) communication, the division may exercise its discretion under Rule 137(3) not to admit such amendments (H‑II, 2.5.1). If the division intends not to admit the amendments, it will resume the examination proceedings, e.g. by summoning the applicant to oral proceedings.