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European Patent Convention (EPC 1973)

 
 

Rule 36

Documents filed subsequently

Art. 78
R. 40



(1)57 Rules 27, 29 and 32 to 35 shall apply to documents replacing documents making up the European patent application. Rule 35, paragraphs 2 to 14, shall also apply to the translation of the claims referred to in Rule 51.


(2)58 All documents other than those referred to in the first sentence of paragraph 1 shall normally be typewritten or printed. There must be a margin of about 2.5 cm on the left-hand side of each page.


(3)59 All documents, with the exception of annexed documents, filed after filing of the European patent application must be signed. If a document has not been signed, the European Patent Office shall invite the party concerned to do so within a time limit to be laid down by that Office. If signed in due time, the document shall retain its original date of receipt; otherwise it shall be deemed not to have been received.


(4) Such documents as must be communicated to other persons or as relate to two or more European patent applications or European patents, must be filed in a sufficient number of copies. If the party concerned does not comply with this obligation in spite of a request by the European Patent Office, the missing copies shall be provided at the expense of the party concerned.


(5)60 Notwithstanding paragraphs 2 to 4 the President of the European Patent Office may permit documents filed after filing of the European patent application to be transmitted to the European Patent Office by other means of communication and lay down conditions governing their use. He may, in particular, require that within a period laid down by him written confirmation be supplied reproducing the contents of documents so filed and complying with the requirements of these Implementing Regulations; if such confirmation is not supplied in due time, the documents shall be deemed not to have been received.



57 Last amended by decision of the Administrative Council of 18.10.2001 which entered into force on 01.07.2002 (OJ EPO 2001, 488 ff).

58 Amended by decision of the Administrative Council of 20.10.1977 which entered into force on 01.02.1978 (OJ EPO 1978, 12 ff) and of 10.06.1988 which entered into force on 01.10.1988 (OJ EPO 1988, 290 ff).

59 See decision of the Enlarged Board of Appeal G 3/99 (Annex I).

60 Amended by decision of the Administrative Council of 05.06.1987 which entered into force on 01.10.1987 (OJ EPO 1987, 274). See decisions of the President of the EPO dated 29.10.2002 on the electronic filing of European patent applications and subsequent documents (OJ EPO 2002, 543 ff), dated 06.12.2004 on the use of facsimile for filing patent applications and other documents (OJ EPO 2005, 41 ff), and the notices from the EPO dated 29.10.2002 concerning the electronic filing of patent applications and other documents (OJ EPO 2002, 545 ff) and dated 06.12.2004 concerning the filing of patent applications and other documents (OJ EPO 2005, 44 ff).

Cross-reference list
R. 36 R. 50