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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  
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS CHAPTER II FILING OF APPLICATIONS AND EXAMINATION ON FILING CHAPTER IV SPECIAL PROVISIONS  
5. Designation of inventor 4. Request for grant 6. Claim to priority (see also C-V)  
5.5 Deficiencies 5.4 Notification 5.6 Incorrect designation  

5.5

Deficiencies

 

Where a designation is not filed, or where the designation filed is deficient (e.g. inventor's name or address or the signature of the applicant is missing) so that it cannot be considered as validly filed, the applicant is informed that the European patent application will be refused if the deficiency is not remedied within the period prescribed under Rule 60(1), which is within 16 months of the date of filing or, if priority is claimed, of the date of priority. This time limit is deemed to have been met if the information is communicated before completion of the technical preparations for publication (see VI, 1.2). If the deficiencies are not rectified in due time, the application is refused and the applicant is notified accordingly (as regards divisional applications, see IV, 1.5). Further processing is possible according to Art. 121 and Rule 135.

Art. 90(3)

Art. 90(4)

Rule 60(1)Art. 90(5)

Art. 121




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