Examination as to formal and other requirements
139
Once the date of filing has been accorded, the Receiving Section examines whether the filing fee, any additional fees and the search fee 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 If the filing fee or the search fee has not been paid in due time, the European patent application is deemed to be withdrawn (see point 117).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.
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If the application has been accorded a date of filing and is not deemed to be withdrawn, the Receiving Section checks for compliance with the provisions governing translations, the content of the request for grant (see point 48), the presence of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 points 82-92, 137), the filing of the abstract (see points 47 and 97-100), representation (see points 58- 66), physical requirements of the application documents including any sequence listings and disclosure of biological material (see points 70-71, 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 any deficiencies, it invites you to remedy them in accordance with the Implementing Regulations; if you fail to do so, the legal consequences provided for in the EPC take effect, i.e. the application is deemed to be withdrawn or is refused.
141
If the file number or the certified copy of the application whose priority is claimed is missing, you will be invited to file the missing item(s) within a specified time limit. If you fail to do so, you will lose your priority right. 
142
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 result in losing your priority right, namely if the newly accorded date of filing lies outside the 12-month priority period (see point 52).
If you do not file a reply to the invitation under Rule 56(1) EPC, 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 evidence within the applicable time limit that the late-filed missing parts of the description or drawings are completely contained in the earlier application whose 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 of the date of filing accorded once the Receiving Section has taken a decision. 
The examining division may review the decision of the Receiving Section.  
143
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