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 91 61

Examination as to formal requirements

Art. 16, 80, 88
R. 31, 40-43, 68-70, 85a, 86, 88, 89, 90, 101



(1) If a European patent application has been accorded a date of filing, and is not deemed to be withdrawn by virtue of Article 90, paragraph 3, the Receiving Section shall examine whether:


(a) the requirements of Article 133, paragraph 2, have been satisfied;


(b) the application meets the physical requirements laid down in the Implementing Regulations for the implementation of this provision;


(c) the abstract has been filed;


(d) the request for the grant of a European patent satisfies the mandatory provisions of the Implementing Regulations concerning its content and, where appropriate, whether the requirements of this Convention concerning the claim to priority have been satisfied;


(e) the designation fees have been paid;


(f) the designation of the inventor has been made in accordance with Article 81;


(g) the drawings referred to in Article 78, paragraph 1(d), were filed on the date of filing of the application.


(2) Where the Receiving Section notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them in accordance with the Implementing Regulations.


(3) If any deficiencies noted in the examination under paragraph 1(a) to (d) are not corrected in accordance with the Implementing Regulations, the application shall be refused; where the provisions referred to in paragraph 1(d) concern the right of priority, this right shall be lost for the application.


(4) Where, in the case referred to in paragraph 1(e), the designation fee has not been paid in due time in respect of any designated State, the designation of that State shall be deemed to be withdrawn.


(5) Where, in the case referred to in paragraph 1(f), the omission of the designation of the inventor is not, in accordance with the Implementing Regulations and subject to the exceptions laid down therein, corrected within 16 months after the date of filing of the European patent application or, if priority is claimed, after the date of priority, the application shall be deemed to be withdrawn.


(6) Where, in the case referred to in paragraph 1(g), the drawings were not filed on the date of filing of the application and no steps have been taken to correct the deficiency in accordance with the Implementing Regulations, either the application shall be re-dated to the date of filing of the drawings or any reference to the drawings in the application shall be deemed to be deleted, according to the choice exercised by the applicant in accordance with the Implementing Regulations.



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

Cross-reference list
Art. 91(1), (2), (3) Art. 90(3), (4), (5);
R. 57
Art. 91(5) Art. 90(5); R. 60