What is the communication under Rules 161 and 162 EPC for and how can I waive my right to it?

As soon as your international application has validly entered the European phase, the EPO will issue a communication under Rules 161(1) and 162(2) EPC. In this communication, it will invite you to amend your Euro-PCT application as required to correct any deficiencies in the international application identified in the written opinion of the ISA ("WOISA") or, if no such deficiencies were identified in the WOISA, provide you with a further opportunity to file any voluntary amendments (Rule 161(1) EPC). It will also invite you to pay any claims fees for claims over 15 which have not yet been paid (Rule 162(2) EPC). You will then have six months to reply to the communication. The EPO will only continue processing your application once this time limit has expired.

However, if you want to expedite the proceedings, you can waive your right to this communication. You can do this directly in EPO Form 1200 ("Entry into the European phase") by simply selecting the checkbox provided in the EPO's online filing tools (Online Filing or new online filing (CMS)) or in the paper form (section 12.2, first checkbox).

A waiver of the right to a communication under Rules 161(1) and 162(2) EPC will be effective only if you have also fulfilled all the requirements of Rules 161 and 162 EPC on entry into the European phase (i.e. you have paid any claims fees due and, where required, submitted a response to the WOISA under Rule 161(1) EPC).