Rule 71(3) EPC: Examination procedure (intention to grant)

Text of Rule 71(3) EPC

In plain English

The Rule 71(3) communication is the examining division's notice that it is ready to grant. It sets out the text it intends to grant (often called the Druckexemplar) and the bibliographic data, and starts a four-month period that cannot be extended.

Within those four months you pay the fee for grant and publishing, €1,135 from 1 April 2026; file the claims translated into the other two EPO languages; and, if the text has more than 15 claims, pay claims fees not already paid on filing or on entry, €290 per claim up to the 50th and €720 from the 51st (Rule 71(4); Rules relating to Fees, items 7 and 15). Doing all of that counts as approving the text and verifying the bibliographic data (Rule 71(5)).

Read the text carefully. The division may have made amendments itself, such as bringing the description into line with the claims, deleting vague statements or inserting reference signs (Guidelines C-V, 1.1). If you disagree, or want further changes, file reasoned amendments or corrections within the period instead of paying (Rule 71(6)). The division then either sends a new Rule 71(3) communication or resumes examination. If you amend the claims, file an adapted description at the same time (C-V, 4.5).

Approval matters because errors are hard to fix later. G 1/10 held that Rule 140 cannot be used to correct the text of a granted patent. The exception is where the communication did not contain the text intended for grant at all, for instance with missing drawing sheets or a document list matching no request: Rule 71(5) then does not apply (T 1003/19, T 2081/16).

If a renewal fee falls due between the communication and the planned mention of grant, the mention is published only once that fee is paid (Guidelines C-V, 1.5). Approving the text also starts the countdown to grant: if you want a divisional, file it before the mention of grant.

Missing the deadline leads to deemed withdrawal (Rule 71(7)). Further processing is available within two months of the EPO's communication, for a single flat fee of €315 for the late grant fee and translations, plus 50% of any claims fees paid late (Guidelines E-VIII, 2; Rules relating to Fees, item 12).

Deadlines and fees

Key decisions

• G 1/10 (Request to correct patent/FISHER-ROSEMOUNT) : Rule 140 is not available to correct the text of a patent, so a proprietor's request for such a correction is inadmissible whenever it is made.
• T 1003/19 (Missing drawing sheets) : Rule 71(5) applies only if the text intended for grant was actually communicated; a document list matching no request shows it was not, so an appeal against the grant is admissible.
• T 2081/16 : Where the text intended for grant was not communicated under Rule 71(3), the applicant is adversely affected by the grant and the patent was granted without agreement on the text.

Common objections

Examiner's amendments you do not accept

Reply within the period with reasoned amendments or corrections, for example reversing a change to a claim. You do not need to pay the fees or file translations with that reply (Guidelines C-V, 4.1).

Grant based on an auxiliary request

The communication must give brief reasons why higher-ranking requests failed. You can reply by maintaining a higher request; examination then resumes.

Drafting and prosecution tips

• Check every page of the text, including drawing sheets, the list of documents and the claims numbering, against what you last filed.
• Confirm the claims count before paying claims fees, and translate every set of claims if there are different sets for different states.
• Decide before approving whether you need a divisional, and whether you will request unitary effect after grant.
• Do not leave it to the last week: the four months cannot be extended, and further processing costs extra.