4.1 Minimum requirements for according a date of filing 

The EPO examines applications to determine whether they meet the minimum requirements for according a date of filing. This is done by the Receiving Section. These requirements are satisfied where the documents filed contain:

(a)an indication that a European patent is sought 

(b)information identifying the applicant or allowing the applicant to be contacted 

(c)a description or reference to a single previously filed application. 

It is not necessary for the applicant to provide any claims to obtain a date of filing date. If the application is filed without claims but satisfies all requirements for obtaining a date of filing date, the applicant will be requested to provide at least one claim later according to Rules 57(c) and Rule 58 (see A‑III, 15).

Where the description is filed by reference to a previously filed application (see A‑II, 4.1.3.1), the reference must contain the following information for the application to qualify for a date of filing date according to Rule 40(2):

(i)the filing date of filing of the previously filed application

(ii)its file number 

(iii)the office where it was filed 

(iv)an indication that this reference replaces the description and any drawings. 

To be accorded a date of filing date, these documents do not have to meet any particular requirements as to form or presentation. They must, however, be sufficiently legible to enable the information to be discerned.