Examination as onto formal and other requirements
Once the date of filing has been accorded, the Receiving Section examines whether the filing fee, any pageadditional fees and the search feesfee have been paid in due time and whether a translation of the application into the language of the proceedings, if required, has been filed in due time (see points 114, 115 and 42-46). If the filing fee or the search fee has not been paid in due time, the European patent application is deemed to be withdrawn. (see point 117). However, see point 225 for the possibility of further processing.
If the application has been accorded a date of filing and is not deemed to be withdrawn, the Receiving Section checks for compliance with the provisions governing translations, the content of the request for grant (see point 48), the presence of claims (see pointpoints 82-92, 137), the filing of the abstract (see points 47 and 97-100), representation (see points 58- 66), formal physical requirements (see pointof the application documents including any sequence listings and disclosure of biological material (see pointpoints 70-71, and 75a-75b, and 76), any priority claimed (see points 52-56), the designation of the inventor (see points 49-51) and the filing of any drawings. (see points 94-96a). If the Receiving Section finds correctable any deficiencies, it invites you to remedy them in accordance with the Implementing Regulations (see points 66 and 208- 212); if you fail to do so, the legal consequences provided for in the EPC take effect, i.e. the application is deemed to be withdrawn or is refused.
Guid. A-III
Guid. A‑IV, 4, 5
Guid. A‑V, 1, 2.2
Guid. E‑I
Guid. H‑III
If the file number or the certified copy of the application whose priority is claimed is missing, you will be invited to file them the missing item(s) within a specified time limit. If you fail to do so, you will lose your priority right.
A‑III, 16.2
If formal examination reveals that parts of the description or drawings referred to in the description or in the claims appear to be missing, the Receiving Section will invite you under Rule 56(1) EPC to file the missing parts within a non-extendable time limit of two months. You can also file any missing parts of the description or drawings of your own motion within two months from the date of filing. In both cases the date of filing will then be re-dated to the day on which the missing parts are received at the EPO. Please be aware that a change of the date of filing may have adverse consequences forresult in losing your priority claimright, namely if the newly accorded date of filing lies outside the 12-month priority period (see point 52).
Guid. A‑V, 2
Guid. A‑II, 5
Guid. C-III,
If you do not file a reply to the invitation under Rule 56(1) EPC, then all references to the missing parts are deemed to be deleted and the original date of filing will be kept.
The original date of filing will also be kept if you declare and provide the evidence within the applicable time limit that the late- filed missing parts of the description or drawings are completely contained in the earlier application from whichwhose priority is claimed. To this end, a copy of the priority application, unless already available to the EPO, and, if required, its translation into one of the EPO’s official languages, must be filed. You must furthermore specify where in the priority application the missing parts are contained.
The EPO will inform you onof the accorded date of filing accorded once the Receiving Section has taken a decision.
The Examiningexamining Divisiondivision may review the findingsdecision of the Receiving Section.
If parts of the description or drawings referred to in the description or the claims are missing on the date of filing but are filed subsequently, you have a choice between re-dating the application to the date when the missing parts of the description or the drawings are filed and deleting the late-filed parts of the description or drawings together with references to them in the application. However, the first option is available only within two months from the date of filing or, alternatively, within a two-month time limit set in an invitation. The second option is available only within one month from the notification of the new date of filing. If the missing parts are completely contained in the priority document, on request no re-dating of the filing date will occur.
With regard to the requirements governing documents filed after the filing of the European patent application see points 123-128 and 171-176.

Quick Navigation