Quick Navigation

 

Guidelines for Examination

 
 

4.1.2 The application was filed by reference to a previous application

Where the application was filed by reference to a previously filed application in accordance with the procedures described in A‑II, 4.1.3.1, and the previously filed application referred to already satisfied the requirements of Rule 31(1)(b) and (c) on its date of filing, these requirements will also be satisfied in respect of the European application.

If the information on the deposited biological material present in the previously filed application as filed does not satisfy Rule 31(1)(c), the EPO will not know this until the applicant files the certified copy and any required translation of the previously filed application (at the latest within two months of the date of filing – Rule 40(3)). Even where the certified copy and any translation required are filed up to two months from the date of filing, if the requirements of Rule 31(1)(c) are not satisfied, the time limit for rectification of this deficiency according to Rule 31(2) is unaffected (see A‑IV, 4.2).