3.3.3 Rule 161 communication issued before 1 April 2010

In cases where the Rule 161 communication was already issued before 1 April 2010, there is no requirement to respond to the WO‑ISA prepared by the EPO or to the IPER prepared by the EPO as IPEA; if the applicant has not filed any amendments or comments upon entry into the regional phase before the EPO, the first communication will essentially be based on the content of said WO‑ISA or IPER prepared by the EPO.