2.3 Informal nature of consultations 

A consultation is not a formal procedure (for formal oral proceedings before the examining division, see E‑III), and the character of the minutes of the consultation depends on the nature of the matters discussed. It should always be made clear to the applicant that any agreement reached is ultimately subject to the views of the other members of the examining division. A decision cannot be taken during a consultation.

Oral statements made during a consultation must be confirmed in writing in order to be procedurally effective. Indeed, such statements are not normally legally binding. Such a statement cannot, for instance, be effective to meet a time limit (see, however, C‑VII, 2.4). For the purpose of the European grant procedure, except in oral proceedings, only written statements are effective and only from the date on which they are received by the EPO. Oral statements substantively addressing the objections raised in an earlier communication may however lead the examiner to cancel any running time limit (see C‑VII, 2.4 (iv)). Furthermore, documents validly submitted by email during the consultation (see C‑VII, 3) may indeed be effective to meet a running time limit (see C‑IV, 3).

If a fresh objection of substance is raised during a consultation and no amendment to meet it is agreed at the time, the objection must be confirmed by a communication of the minutes of the consultation, giving the applicant a fresh period within which to reply (see C‑VII, 2.4(iii)).