When the Examining Division is willing to grant a European patent application, it sends an 'intention to grant' (Rule 71(3) communication) with the text intended for grant ('Druckexemplar'). Currently, applicants may respond by:
- approving the text intended for grant,
- disapproving the text intended for grant, or
- disapproving the text currently intended for grant and filing amendments or corrections.
In the situation under 3, the Examining Division reviews the amendments or corrections and if it has no objections a second intention to grant is sent, such that the text on which the decision to grant will be based is unambiguously defined by a single document. Otherwise, it will resume the examination proceedings.
Since the introduction of this procedure in April 2012 the EPO has found that the issuance of a further intention to grant is not always efficient. In an effort to increase procedural efficiency it has introduced a new option for applicants: waiving the right to receive such a further intention to grant.
The waiver
The new option is designed to speed up the procedural steps in the granting process in cases where applicants are filing relatively simple amendments or corrections, that would not lead to resumption of the substantive examination proceedings (e.g. if they relate to mis-spelled words, use of incorrect words, incorrect reference drawings or the like).
The waiver makes it possible for the Examining Division to immediately consent to the amendments or corrections, without sending a new intention to grant. Instead, the Examining Division publishes a new EPO Form 2004W in the European Patent Register informing the applicant and the public of the allowance of the amendments or corrections. Subsequently the decision to grant the European patent is issued, and about one month later the mention of the grant is published in the European Patent Bulletin.