If you’re ever struggling to respond in time to a European patent application examination report, say, because you’re waiting to clinch a big deal that makes continuing with the application worthwhile, don’t forget the possibility of further processing.
Typically, an examination report from the EPO will have an initial response perod of four months, calculated from ten days after the report is issued. A two month extension is readily available; no official fee is payable. After that, extensions are harder to come by, granted only in special cases.
But what do you do if the extended period still doesn’t give you enought time? Well, the further processing mechanism is available.
In essence, further processing enables you to buy some more time. If you don’t respond in the extended period, you will get a Noting loss of right communication, probably, some weeks after the end of the period. But if, within two months of receiving the communication, you request further processing, pay a fee of Euros 225 and file a response, the loss of rights will be deemed never to have occurred.
So, in other words, by using further processing, you can extend the period for responding to an examination report to somewhere in the region of nine months without prejudicing your rights.