2.5 Minutes as the first communication in examination 

A consultation may be used as the first action in examination provided that:

– minutes are issued 

– the minutes present the matters discussed with the same level of information and structure as an Art. 94(3) communication

– the minutes are issued with a time limit for reply not shorter than four months unless agreed otherwise with the applicant. 

Matters (e.g. objections or reasoning) not discussed during the consultation itself may be included in such minutes. However, it must be made clear that they were not discussed during the consultation.

If the above criteria are met, minutes issued as the first action in examination replace the first communication under Art. 94(3) and Rule 71(1), (2) (see C‑III, 4).

Where the examining division is considering issuing a summons to oral proceedings as the first action in examination (see C‑III, 5), the examiner may inform the representative of this in a call. Instead of issuing separate minutes, a remark regarding the call may be included in the summons. If, however, the examining division decides not to issue summons at that stage, minutes must be issued.