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Guide for applicants, Part 1: How to get a European patent

 
 
Formalities examination
140
If the application has been accorded a date of filing and is not deemed to be withdrawn, the Receiving Section checks for compliance with the provisions governing translations, the content of the request for grant (see point 48), the presence of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 point 92, 137), the filing of the abstract (see points 47 and 97-100), representation (see points 58- 66), formal requirements (see point 70), any priority claimed (see points 52-56), designation of the inventor (see points 49-51) and the filing of any drawings. If the Receiving Section finds correctable deficiencies, it invites you to remedy them (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if you fail to do so, the legal consequences provided for in the EPC take effect, i.e. the application is deemed to be withdrawn or is refused.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. E-I
Guid. H-III
141
If the file number or the certified copy of the application whose priority is claimed is missing, you will be invited to file them within a specified time limit. If you fail to do so, you will lose your priority right. 
142
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. 
143
With regard to the requirements governing documents filed after the filing of the European patent application see points 123-128 and 171-176.