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Guidelines for Examination

 
 
3.2.2
Physical requirements of late-filed application documents 

Where claims are filed after the date of filing (see A-III, 15) or where missing parts of the description, or drawings are inserted after the date of filing (see A-II, 5), all of these late-filed application documents must also satisfy the physical requirements. Consequently, the EPO will carry out two separate checks, first on the physical requirements of the original application documents, and second on any late-filed claims or missing parts of the description, or drawings.

In the event that late-filed missing parts of the description, or drawings result in a change of the date of filing, the applicant can withdraw the late-filed parts of the description, or drawings up to one month after being notified of the change in filing date (Rule 56(6)). Consequently, if the late-filed missing parts of the description, or drawings:

(i)
contain deficiencies with regard to the physical requirements, and 
(ii)
result in a change of the date of filing 

then the EPO will wait until the one-month period for their withdrawal has expired and will then send a communication according to Rule 58 in respect of these deficiencies, if the applicant has not withdrawn them in due time.