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Guidelines for Examination

 
 

2.2 Deficiencies which, if not remedied, lead to the request being rejected as inadmissible

The formalities officer will furthermore examine whether:

(i)
the request is filed in writing (Rule 92(1))
(ii)
the request includes the particulars of the requester required by Rule 92(2)(a), referring to Rule 41(2)(c)
(iii)
the request indicates in which Contracting States the requester is the proprietor of the patent (Rule 92(2)(a))
(iv)
the request indicates the number of the patent to be limited or revoked (Rule 92(2)(b))
(v)
the request indicates in which Contracting States the patent has taken effect, even if in the meantime it has lapsed in one or more of those Contracting States (Rule 92(2)(b))
(vi)
in cases (iii) and (v), and if the requester is not the proprietor for all these Contracting States, the requester provides the names and addresses of the other proprietors, and evidence that he is entitled to act on their behalf (Rule 92(2)(c)); due to the retroactive effect of a limitation/revocation (Art. 68), such evidence is required also in the case where the patent has lapsed in one or more of the Contracting States referred to under (v) in the meantime. Note that in the case of joint proprietors, whether for the same or different Contracting States, the requirements of Rule 151 for appointment of a common representative also apply in the limitation or revocation procedure (see A‑VIII, 1.3).
(vii)
where limitation is sought, the request includes the complete version of the amended claims (and of the description and drawings where applicable) (Rule 92(2)(d))
(viii)
if the requester has appointed a representative, the particulars according to Rule 41(2)(d) (Rule 92(2)(e)) have been filed.

If any of the above requirements are not met, the requester is invited to correct the deficiencies within a period to be specified.

If the deficiencies are not corrected within this period, the request is to be rejected as inadmissible. This decision is notified to the requester (Art. 119). Re-establishment of rights under Art. 122 is, however, available. The decision rejecting the request is open to appeal (Art. 106(1)).

Otherwise, the request is deemed admissible.

References

Rule 92

Rule 94