Quick Navigation

 

European Patent Convention (EPC 1973)

 
 
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 90 60

Examination on filing

Art. 16, 78, 80, 91, 92
R. 6, 39, 69, 70, 85a, 90



(1) The Receiving Section shall examine whether:


(a) the European patent application satisfies the requirements for the accordance of a date of filing;


(b) the filing fee and the search fee have been paid in due time;


(c) in the case provided for in Article 14, paragraph 2, the translation of the European patent application in the language of the proceedings has been filed in due time.


(2) If a date of filing cannot be accorded, the Receiving Section shall give the applicant an opportunity to correct the deficiencies in accordance with the Implementing Regulations. If the deficiencies are not remedied in due time, the application shall not be dealt with as a European patent application.


(3) If the filing fee and the search fee have not been paid in due time or, in the case provided for in Article 14, paragraph 2, the translation of the application in the language of the proceedings has not been filed in due time, the application shall be deemed to be withdrawn.



60 See opinions of the Enlarged Board of Appeal G 4/98, G 1/02 (Annex I).

Cross-reference list
Art. 90 Art. 90