Quick Navigation

 

Guidelines for Examination

 
 
16.1
Procedure formalities officer 

Where, during the examination for compliance with the requirements set out in earlier sections of this Chapter, it is noted that there are deficiencies which may be corrected, the formalities officer must give the applicant the opportunity to rectify each such deficiency within a specified period. A summary of the most common potential deficiencies at this stage of the procedure and the provisions governing their rectification is given below:

A-III, 2

Representation

Rule 58

A-III, 3

Physical Requirements

Rule 58

A-III, 4

Request for grant

Rule 58

A-III, 5

Designation of inventor

Rule 60

A-III, 6

Claim to priority

Rule 52(3), Rule 59

A-III, 9

Payment of claims fees

Rule 45

A-III, 10

Abstract

Rule 58

A-III, 13

Filing fee, including any additional fee, search fee

Rule 112(1), Rule 135

A-III, 14

Translation of the application

Rule 58

A-III, 15

Late filing of claims

Rule 58

The formalities officer should in his first report to the applicant raise all the formal objections that become evident from a first examination of the application, except that, as noted in A-III, 3.2, the Receiving Section should not draw the attention of the applicant to deficiencies under Rule 46(2)(i) and (j) or question the inclusion of tables in the claims. It is likely that certain matters cannot be finally disposed of at this stage, e.g. filing of priority documents for which the period for filing has not expired, and further reports may be necessary. By way of exception, if the applicant is required to appoint a representative but has not done so, the formalities officer should in his first report deal only with this deficiency. Any request(s) for correction of other deficiencies will not be sent until a representative has been appointed, and will be sent to that representative.

References

Art. 90(3)