Quick Navigation

 

Guidelines for Examination

 
 
2.1
Deficiencies which lead to the request being deemed not to have been filed 

On receipt of a request for revocation or limitation of a patent, the formalities examiner will examine whether:

(i)
the request is filed with the EPO (Art. 105a(1))
(ii)
opposition proceedings in respect of the patent are not pending at the time of filing the request (Art. 105a(2) and Rule 93(1))
(iii)
the relevant fee is paid (Art. 105a(1) and Art. 2, No. 10a, RFees); note that the amount of the fee for limitation or revocation may qualify for a reduction in accordance with the RFees if the request for limitation or revocation is filed in an admissible non-EPO language (Rule 6(3), see A-XI, 9.1 A-X, 9.1 and 9.2.6)
(iv)
where the request is filed in a language according to Art. 14(4), the translation has been filed in due time (Rule 6(2))
(v)
where the requester is required by Art. 133(2) to appoint a representative, this was done in due time (Rule 152 (3) and (6)).

If any of these requirements are not met, the request is deemed not to have been filed. This finding is notified to the requester (Art. 119), and the fee is refunded.

Otherwise, the request is considered to have been filed, and the limitation/revocation procedure commences.

References

Art. 105a