Chapter II – Formal requirements to be met before the division starts substantive examination
Where the EPO notes, at the time the examining division assumes responsibility, that a copy of the results of a search on the claimed priority or priorities as referred to in Rule 141(1) has not been filed by the applicant and is not deemed to be duly filed under Rule 141(2) (see A‑III, 6.12), it invites applicants to file, within a period of two months, the copy or a statement that the results of the search referred to in Rule 141(1) are not available to them. This requirement applies to European or Euro-PCT applications filed on or after 1 January 2011 (see OJ EPO 2009, 585). This communication is also sent in cases where the priority in question has since been withdrawn or has lapsed.
Failure to reply to this invitation in due time results in the application being deemed to be withdrawn. Further processing is available for this loss of rights (see E‑VIII, 2).
The search results provided by the applicant will be included in the file and will be open to file inspection (see A‑XI).