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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  


PART A

GUIDELINES FOR FORMALITIES EXAMINATION



CHAPTER I

INTRODUCTION


1.

Overview

2.

Responsibility for formalities examination

3.

Purpose of Part A

4.

Other Parts relating to formalities


CHAPTER II

FILING OF APPLICATIONS AND EXAMINATION ON FILING


1.

Where and how applications may be filed

1.1

Filing of applications by delivery by hand or by post

1.2

Filing of applications by fax

1.3

Filing of applications in electronic form

1.4

Filing of applications by other means

1.5

Subsequent filing of documents

1.6

Cheques and debit orders

1.7

Forwarding of applications

1.8

Application numbering systems

1.8.1

Applications filed before 1 January 2002

1.8.2

Applications filed on or after 1 January 2002

2.

Persons entitled to file an application

3.

Procedure on filing

3.1

Receipt; confirmation

3.2

Filing with a competent national authority

4.

Examination on filing

4.1

Minimum requirements for according a date of filing

4.1.1

Indication that a European patent is sought

4.1.2

Information concerning the applicant

4.1.3

Description

4.1.3.1

Reference to a previously filed application

4.1.4

Deficiencies

4.1.5

Date of filing

5.

Late filing of drawings or parts of the description

5.1

Late filing of drawings or parts of the description - on invitation

5.2

Late filing of drawings or parts of the description - without invitation

5.3

The filing date changes

5.4

Missing parts based on priority, no change in filing date

5.4.1

Late-filed missing parts and the priority claim

5.4.2

The missing parts are completely contained in the claimed priority

5.4.3

Copy of the claimed priority

5.4.4

Translation of the priority

5.5

Withdrawal of late-filed missing drawings/parts of the description


CHAPTER III

EXAMINATION OF FORMAL REQUIREMENTS


1.

General

1.1

Formal requirements

1.2

Further checks

2.

Representation

2.1

Requirements

2.2

Non-compliance

3.

Physical requirements

3.1

General remarks

3.2

Documents making up the application, replacement documents, translations

3.2.1

Physical requirements of applications filed by reference to a previously filed application

3.2.2

Physical requirements of late-filed application documents

3.3

Other documents

3.4

Signature

4.

Request for grant

4.1

General remarks

4.2

Examination of the Request for Grant form

4.2.1

Information on the applicant

4.2.2

Signature

5.

Designation of inventor

5.1

General remarks

5.2

Waiver of right to be mentioned as inventor

5.3

Designation filed in a separate document

5.4

Notification

5.5

Deficiencies

5.6

Incorrect designation

6.

Claim to priority (see also C-V)

6.1

General remarks

6.2

Applications giving rise to a right of priority

6.3

Multiple priorities

6.4

Examination of the priority document

6.5

Declaration of priority

6.5.1

Filing a new priority claim

6.5.2

Correcting an existing priority claim

6.5.3

Deficiencies in the priority claim and loss of the priority right

6.6

Priority period

6.7

Copy of the previous application (priority document)

6.8

Translation of the previous application

6.9

Non-entitlement to right to priority

6.10

Loss of right to priority

6.11

Notification

7.

Title of the invention

7.1

Requirements

7.2

Responsibility

8.

Prohibited matter

8.1

Morality or "ordre public"

8.2

Disparaging statements

9.

Claims fee

10.

Abstract

10.1

General remark

10.2

Content of the abstract

10.3

Figure accompanying the abstract

11.

Designation of Contracting States

11.1

General remarks

11.2

Designation fee; time limits

11.3

Consequences of non-payment of designation fees

11.4

Amount paid insufficient

11.5

Application deemed to be withdrawn

11.6

Request for Grant form

11.7

Indication of the Contracting States

11.8

Amount payable

11.9

Withdrawal of designation

11.10

Euro-PCT applications entering the European phase

12.

Extension of European patent applications and patents to States not party to the EPC

12.1

General remarks

12.2

Time limit for payment of extension fee

12.3

Withdrawal of extension

12.4

Extension deemed requested

12.5

National register

13.

Filing and search fees

14.

Translation of the application

15.

Late filing of claims

16.

Correction of deficiencies

16.1

Procedure formalities officer

16.2

Period allowed for remedying deficiencies


CHAPTER IV

SPECIAL PROVISIONS


1.

European divisional applications (see also C-VI, 9.1)

1.1

General remarks

1.1.1

When may a divisional application be filed?

1.1.2

Persons entitled to file a divisional application

1.2

Date of filing of a divisional application; claiming priority

1.2.1

Date of filing

1.2.2

Claiming priority

1.3

Filing a divisional application

1.3.1

Where and how to file a divisional application?

1.3.2

Request for grant

1.3.3

Language requirements

1.3.4

Designation of Contracting States

1.3.5

Extension States

1.4

Fees

1.4.1

Filing, search and designation fees

1.4.2

Claims fees

1.4.3

Renewal fees

1.5

Designation of the inventor

1.6

Authorisations

1.7

Other formalities examination

1.8

Further procedure

2.

Art. 61 applications

2.1

General

2.2

Staying the proceedings for grant

2.3

Resumption of the proceedings for grant

2.4

Interruption of time limits

2.5

Limitation of the option to withdraw the European patent application

2.6

Prosecution of the application by a third party

2.7

Filing a new application

2.8

Refusal of the earlier application

2.9

Partial transfer of right by virtue of a final decision

3.

Display at an exhibition

3.1

Certificate of exhibition; identification of invention

3.2

Defects in the certificate or the identification

4.

Applications relating to biological material

4.1

Biological material; deposit thereof

4.1.1

New deposit of biological material

4.1.2

The application was filed by reference to a previous application

4.2

Missing information; notification

4.3

Availability of deposited biological material to expert only

5.

Applications relating to nucleotide and amino acid sequences

5.1

Sequence listings filed under Rule 56

5.2

Sequence listings of an application filed by reference to a previously filed application

6.

Conversion into a national application


CHAPTER V

COMMUNICATING THE FORMALITIES REPORT; AMENDMENT OF APPLICATION; CORRECTION OF ERRORS


1.

Communicating the formalities report

2.

Amendment of application

2.1

Filing of amendments

2.2

Examination of amendments as to formalities

3.

Correction of errors in documents filed with the EPO


CHAPTER VI

PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION


1.

Publication of application

1.1

Date of publication

1.2

No publication; preventing publication

1.3

Content of the publication

1.4

Publication in electronic form only