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Guidelines for Examination


5.5 Deficiencies

Where a designation is not filed, or where the designation filed is deficient (e.g. inventor's name or address or the signature of the applicant is missing) so that it cannot be considered as validly filed, the applicant is informed that the European patent application will be refused if the deficiency is not remedied within the period prescribed under Rule 60(1), which is within 16 months of the date of filing or, if priority is claimed, of the date of priority. This time limit is deemed to have been met if the information is communicated before completion of the technical preparations for publication (see A‑VI, 1.2). Where the applicant has requested early publication and, accordingly, technical preparations for publication are completed before expiry of the 16-month time limit, the applicant can still file the designation within the said time limit (see J 1/10). If the deficiencies are not rectified in due time, the application is refused and the applicant is notified accordingly (as regards divisional applications, see A‑IV, 1.5). Further processing is possible according to Art. 121 and Rule 135.