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The European Patent Convention

 
 

Article 90[ 85 ], [ 86 ]
Examination on filing and examination as to formal requirements

(1)
The European Patent Office shall examine, in accordance with the Implementing Regulations, whether the application satisfies the requirements for the accordance of a date of filing. 
(2)
If a date of filing cannot be accorded following the examination under paragraph 1, the application shall not be dealt with as a European patent application.
(3)
If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with the Implementing Regulations, whether the requirements in Articles 14, 78 and 81, and, where applicable, Article 88, paragraph 1, and Article 133, paragraph 2, as well as any other requirement laid down in the Implementing Regulations, have been satisfied.
(4)
Where the European Patent Office in carrying out the examination under paragraphs 1 or 3 notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them.
(5)
If any deficiency noted in the examination under paragraph 3 is not corrected, the European patent application shall be refused unless a different legal consequence is provided for by this Convention. Where the deficiency concerns the right of priority, this right shall be lost for the application.
 
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See opinions of the Enlarged Board of Appeal G 4/98, G 1/02 (Annex I).
References

Art. 16, 78, 80, 88, 92
R. 6, 10, 38, 40, 45, 53, 55-60, 111-113, 137, 139, 140, 142, 152, 153

 
Cross-reference list
EPC EPC 1973
Art. 90(3)Art. 91(1), (2), (3)
Art. 90(4)Art. 91(1), (2), (3)
Art. 90(5)Art. 91(1), (2), (3). (5)