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Guidelines for Examination

 
 

1. Communicating the formalities report

After a formalities examination, the Receiving Section or, where appropriate, the Examining Division, issues a report to the applicant if the application is found to be formally defective. The report will usually identify all the particular requirements of the EPC which the application does not satisfy and, in the case of deficiencies which can be corrected, will invite the applicant to correct such deficiencies within specified periods (see A‑III, 16). For the exceptional case where the report does not detail all deficiencies, see A‑III, 16.1. The applicant will be notified of the consequences, e.g. application deemed withdrawn, priority right lost, which result from the deficiencies or failure to take appropriate action within due time.

In general, depending on the deficiency in question, either:

(i)
a time limit will be specified by the EPO, subject to Rule 132, for meeting the objection, e.g. an invitation to supply the priority document or priority file number under Rule 59, or
(ii)
a fixed time limit will apply, e.g. two months for correcting deficiencies under Rule 58.

For further details see E‑VII, 1. If a deficiency is not rectified within due time, then the legal effects that are envisaged will apply.