3.3 Exceptions where a reply to the Rule 161(1) invitation is not required
Where the WO‑ISA, any supplementary international search report (SISR) or, where applicable, the subsequent IPER prepared by the EPO was positive (according to the same principles explained for European search opinions in B‑XI, 3.9), the applicant is still sent a communication according to Rule 161(1), but is not required to respond to it.
No communication under Rule 161(1) and Rule 162 is issued if applicants have explicitly waived their right to these and have already paid any claims fees due (see E‑IX, 3.2).