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Guidelines for Examination

 
 

1.2 Further checks

In addition to the above, it is necessary for the Receiving Section to:

(i)
carry out a preliminary check of the description and claims in order to ensure that the title of the invention, which will appear in the published application, is in general accord with the requirements of Rule 41(2)(b)

Rule 41(2)(b)
Rule 45(1) and Rule 45(2)
Rule 25
Art. 55(1)(b)
Rule 31
Rule 30

(ii)
check whether any claims fees due have been paid (see also A‑III, 9)
(iii)
check whether the certificate of exhibition under Rule 25 has been filed where the invention has been displayed under Art. 55(1)(b) (see also A‑IV, 3)
(iv)
check whether in the case of European patent applications relating to biological material the information pursuant to Rule 31(1)(c) and (d) is complete (see also A‑IV, 4)
(v)
check whether in the case of an application with nucleotide and/or amino acid sequences a prescribed sequence listing has also been filed (see also A‑IV, 5, and the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372 and the Notice from the EPO dated28 April 2011, OJ EPO 2011, 376 18 October 2013, OJ EPO 2013, 542).

The requirements of the above paragraphs and the procedure to be followed when the requirements are not met are considered in subsequent sections of this Chapter.

References

Rule 41(2)(b)
Rule 45(1) and Rule 45(2)
Rule 25
Art. 55(1)(b)
Rule 31
Rule 30

Rule 45(1) and (2)

Art. 55(1)(b)

Rule 25

Rule 31

Rule 30