Form 1038 can be used for one or more of the following:

• To send missing or modified documents subsequent to a submitted filing in either the EP or PCT procedure.
• To send remarks (or free text) about a filing submitted to the EPO.
• To pay fees for a submitted filing.
• To send documents or remarks to the EPO as an intervener, opponent, proprietor or third party (EP only).

Form 1038 always relates to a previously submitted application. Once an application has been submitted, further communications
with the EPO about it can be made using Form 1038. The previous application does not have to have been submitted using the
new online filing (CMS) application. You can also use Form 1038 to communicate about applications that have been submitted
by means other than the new online filing (CMS) application.





In our example we will be using the examination phase.