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Case Law of the Boards of Appeal

 
 
6. Examination of formal requirements

Under Art. 90(3) EPC, if the patent application is accorded a date of filing, the EPO examines, in accordance with the Implementing Regulations, whether the following requirements have been satisfied:

- Art. 14 EPC, concerning the language of the patent application (see Chapter III.F.1);

- Art. 78 EPC, concerning the requirements of a European patent application (see point 6.1 below);

- Art. 81 EPC, concerning the designation of the inventor (see point 6.2 below);

as well as any requirements laid down in the Implementing Regulations, and, where applicable;

- Art. 88 EPC, concerning claiming priority (see point 8. below);

- Art. 133 EPC, concerning general principles of representation (see Chapter III.R);

- any other requirement laid down in the Implementing Regulations (see point 6.3 below).

Under Art. 90(4) EPC, where the EPO notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them. If any deficiency noted under Art. 90(3) EPC is not corrected, the patent application shall be refused unless the EPC provides a different legal consequence (Art. 90(5) EPC).