EUROPEAN PATENT CONVENTION - Table of Contents Implementing Regulations to the Convention on the Grant of European Patents PART I - IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION Chapter II - Organisation of the European Patent Office   Section 1 - General matters   Rule 10 - Responsibility of the Receiving Section and the Examining Division

Rule 10 Responsibility of the Receiving Section and the Examining Division

Art. 15, 16, 18, 90, 93 R. 11, 159

(1) The Receiving Section shall be responsible for the examination on filing and the examination as to formal requirements of a European patent application up to the time when the Examining Division becomes responsible for the examination of the European patent application under Article 94, paragraph 1.

(2) Subject to paragraphs 3 and 4, the Examining Division shall be responsible for the examination of a European patent application under Article 94, paragraph 1, from the time when a request for examination is filed.

(3) If a request for examination is filed before the European search report has been transmitted to the applicant, the Examining Division shall, subject to paragraph 4, be responsible from the time when the European Patent Office receives the indication under Rule 70, paragraph 2.

(4) If a request for examination is filed before the European search report has been transmitted to the applicant, and if the applicant has waived the right under Rule 70, paragraph 2, the Examining Division shall be responsible from the time when the search report is transmitted to the applicant.