PART A
GUIDELINES FOR FORMALITIES EXAMINATION
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1.

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Overview |
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2.

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Responsibility for formalities examination |
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3.

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Purpose of Part A |
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4.

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Other Parts relating to formalities |
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CHAPTER II

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FILING OF APPLICATIONS AND EXAMINATION ON FILING |
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1.

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Where and how applications may be filed |
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1.1

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Filing of applications by delivery by hand or by post |
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1.2

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Filing of applications by fax |
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1.3

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Filing of applications in electronic form |
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1.4

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Filing of applications by other means |
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1.5

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Subsequent filing of documents |
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1.6

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Cheques and debit orders |
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1.7

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Forwarding of applications |
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1.8

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Application numbering systems |
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1.8.1

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Applications filed before 1 January 2002 |
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1.8.2

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Applications filed on or after 1 January 2002 |
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2.

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Persons entitled to file an application |
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3.

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Procedure on filing |
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3.1

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Receipt; confirmation |
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3.2

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Filing with a competent national authority |
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4.

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Examination on filing |
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4.1

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Minimum requirements for according a date of filing |
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4.1.1

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Indication that a European patent is sought |
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4.1.2

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Information concerning the applicant |
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4.1.3.1

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Reference to a previously filed application |
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5.

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Late filing of drawings or parts of the description |
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5.1

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Late filing of drawings or parts of the description - on invitation |
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5.2

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Late filing of drawings or parts of the description - without invitation |
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5.3

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The filing date changes |
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5.4

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Missing parts based on priority, no change in filing date |
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5.4.1

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Late-filed missing parts and the priority claim |
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5.4.2

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The missing parts are completely contained in the claimed priority |
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5.4.3

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Copy of the claimed priority |
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5.4.4

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Translation of the priority |
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5.5

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Withdrawal of late-filed missing drawings/parts of the description |
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1.

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General |
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1.1

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Formal requirements |
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1.2

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Further checks |
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2.

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Representation |
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2.1

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Requirements |
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2.2

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Non-compliance |
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3.

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Physical requirements |
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3.1

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General remarks |
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3.2

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Documents making up the application, replacement documents, translations |
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3.2.1

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Physical requirements of applications filed by reference to a previously filed application |
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3.2.2

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Physical requirements of late-filed application documents |
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3.3

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Other documents |
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4.

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Request for grant |
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4.1

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General remarks |
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4.2

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Examination of the Request for Grant form |
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4.2.1

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Information on the applicant |
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5.

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Designation of inventor |
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5.1

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General remarks |
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5.2

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Waiver of right to be mentioned as inventor |
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5.3

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Designation filed in a separate document |
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5.4

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Notification |
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5.5

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Deficiencies |
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5.6

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Incorrect designation |
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6.

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Claim to priority (see also C-V) |
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6.1

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General remarks |
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6.2

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Applications giving rise to a right of priority |
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6.3

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Multiple priorities |
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6.4

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Examination of the priority document |
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6.5

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Declaration of priority |
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6.5.1

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Filing a new priority claim |
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6.5.2

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Correcting an existing priority claim |
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6.5.3

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Deficiencies in the priority claim and loss of the priority right |
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6.6

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Priority period |
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6.7

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Copy of the previous application (priority document) |
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6.8

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Translation of the previous application |
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6.9

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Non-entitlement to right to priority |
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6.10

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Loss of right to priority |
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7.

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Title of the invention |
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7.1

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Requirements |
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7.2

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Responsibility |
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8.

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Prohibited matter |
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8.1

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Morality or "ordre public" |
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8.2

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Disparaging statements |
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9.

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Claims fee |
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10.

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Abstract |
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10.2

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Content of the abstract |
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10.3

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Figure accompanying the abstract |
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11.

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Designation of Contracting States |
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11.1

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General remarks |
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11.2

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Designation fee; time limits |
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11.3

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Consequences of non-payment of designation fees |
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11.4

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Amount paid insufficient |
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11.5

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Application deemed to be withdrawn |
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11.6

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Request for Grant form |
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11.7

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Indication of the Contracting States |
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11.9

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Withdrawal of designation |
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11.10

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Euro-PCT applications entering the European phase |
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12.

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Extension of European patent applications and patents to States not party to the EPC |
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12.1

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General remarks |
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12.2

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Time limit for payment of extension fee |
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12.3

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Withdrawal of extension |
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12.4

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Extension deemed requested |
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12.5

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National register |
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13.

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Filing and search fees |
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14.

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Translation of the application |
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15.

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Late filing of claims |
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16.

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Correction of deficiencies |
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16.1

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Procedure formalities officer |
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16.2

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Period allowed for remedying deficiencies |
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1.

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European divisional applications (see also C-VI, 9.1) |
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1.1

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General remarks |
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1.1.1

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When may a divisional application be filed? |
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1.1.2

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Persons entitled to file a divisional application |
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1.2

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Date of filing of a divisional application; claiming priority |
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1.3

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Filing a divisional application |
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1.3.1

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Where and how to file a divisional application? |
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1.3.3

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Language requirements |
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1.3.4

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Designation of Contracting States |
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1.4.1

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Filing, search and designation fees |
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1.5

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Designation of the inventor |
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1.6

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Authorisations |
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1.7

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Other formalities examination |
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1.8

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Further procedure |
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2.

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Art. 61 applications |
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2.2

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Staying the proceedings for grant |
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2.3

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Resumption of the proceedings for grant |
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2.4

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Interruption of time limits |
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2.5

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Limitation of the option to withdraw the European patent application |
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2.6

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Prosecution of the application by a third party |
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2.7

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Filing a new application |
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2.8

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Refusal of the earlier application |
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2.9

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Partial transfer of right by virtue of a final decision |
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3.

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Display at an exhibition |
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3.1

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Certificate of exhibition; identification of invention |
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3.2

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Defects in the certificate or the identification |
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4.

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Applications relating to biological material |
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4.1

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Biological material; deposit thereof |
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4.1.1

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New deposit of biological material |
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4.1.2

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The application was filed by reference to a previous application |
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4.2

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Missing information; notification |
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4.3

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Availability of deposited biological material to expert only |
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5.

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Applications relating to nucleotide and amino acid sequences |
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5.1

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Sequence listings filed under Rule 56 |
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5.2

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Sequence listings of an application filed by reference to a previously filed application |
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6.

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Conversion into a national application |
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CHAPTER V

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COMMUNICATING THE FORMALITIES REPORT; AMENDMENT OF APPLICATION; CORRECTION OF ERRORS |
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1.

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Communicating the formalities report |
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2.

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Amendment of application |
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2.1

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Filing of amendments |
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2.2

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Examination of amendments as to formalities |
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3.

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Correction of errors in documents filed with the EPO |
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CHAPTER VI

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PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION |
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1.

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Publication of application |
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1.1

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Date of publication |
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1.2

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No publication; preventing publication |
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1.3

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Content of the publication |
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1.4

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Publication in electronic form only |
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