| | Today's prosecution | New prosecution |
| EPO | Communication under A. 96(1) [R. 51(1)] : Mention of the publication of the European Search Report |
| Applicant | Observations concerning the european search report
Possibility to amend the description, claims and drawings |
| EPO | Communication under A. 96(2) [R. 51(2)] : Examination of the application |
| Applicant | Correction of the disclosed deficiencies
Possibility to amend the description, claims and drawings |
| EPO | Communication under R. 51(4) | Communication under new R. 51(4) |
| Applicant | Period : 2-4 months once extendable for 2 months - Shall indicate his approval of the text in which the Examining Division intends to grant the patent. May file amendments - If the applicant fails to communicate his approval the application shall be refused (R. 51(5). | Period : 2-4 months once extendable for 1 month - Shall pay the fees for grant and printing and, when appropriate, the fees for any claim beyond 10. - Shall file a translation of the claims in the two other official languages (to be filed in a sole exemplar).
Possibility to file corrections and amendments, with their translation. |
| EPO | Communication under R. 51(5) when the proposed amendments are not consented by the EPO | Communication under new R. 51(6) when the proposed amendments are not consented by the EPO |
| Applicant | Period specified by the EPO Possible observations and amendments | Possible observations and amendments, with translation of the proposed amended claims |
| EPO | Communication under R 51(6) when approval of the text or when the proposed amendments are consented by the EPO | Decision to grant according to A. 97(2) |
| Applicant | Period : 2-3 months, non-extendable - Shall pay the fees for grant and printing and, when appropriate, the fees for any claim beyond 10. - Shall file a translation of the claims in the two other official languages (to be filed in three exemplars). | See R. 51(8a) for designation fees and R. 51(9) for renewal fee. Within a 3-month period from the publication of the grant : validation in the designated states (translation, national fee...) (6 months for Ireland) Within a 9-month period from the publication of the grant : any third person can file an opposition to the granted European patent. |
| EPO | Decision to grant according to A. 97(2) | |
| Applicant | See R. 51(8a) for designation fees and R. 51(9) for renewal fee. Within a 3-month period from the publication of the grant : validation in the designated states (translation, national fee...) (6 months for Ireland) Within a 9-month period from the publication of the grant : any third person can file an opposition to the granted European patent. | |