2026 EPO Guidelines - Rule 71(3) EPC Communication

The 2026 edition of the Guidelines for Examination in the European Patent Office entered into force on 1 April 2026. This article examines the procedural changes that arise following a communication under Rule 71(3) EPC. 

Background

Once the Examining Division decides that a patent can be granted, it informs the applicant of the text intended for grant. This text may include amendments and corrections made by the Examining Division of its own motion, which it can reasonably expect the applicant to accept. The text is communicated to the applicant via a communication under Rule 71(3) EPC. This communication includes an invitation to pay the fee for grant and publication, and to file translations of the claims into the two official EPO languages other than the language of the proceedings, within a non-extendable period of four months.