Part IV – Implementing Regulations to Part IV of the Convention
Chapter IV – Examination by the Examining Division
(1) Where the European Patent Office notes, at the time the Examining Division assumes responsibility, that a copy referred to in Rule 141, paragraph 1, has not been filed by the applicant and is not deemed to be duly filed under Rule 141, paragraph 2, it shall invite the applicant to file, within a period of two months, the copy or a statement that the results of the search referred to in Rule 141, paragraph 1, are not available to him.
(2) If the applicant fails to reply in due time to the invitation under paragraph 1, the European patent application shall be deemed to be withdrawn.
98Inserted by decision of the Administrative Council CA/D 18/09 of 28.10.2009 (OJ EPO 2009, 585), which entered into force on 01.01.2011. See notices from the EPO of 28.07.2010 concerning amended Rule 141 EPC and new Rule 70b EPC – utilisation scheme (OJ EPO 2010, 410) and of 10.12.2014 concerning exemption under Rule 141(2) EPC from filing a copy of the search results – utilisation scheme (OJ EPO 2015, A3).