16. Correction of deficiencies

16.1 Procedure for formalities officers

Where, when examining for compliance with the requirements set out in earlier sections of this chapter, the formalities officer discovers deficiencies that may be corrected, they must give the applicant the opportunity to rectify each such deficiency within a specified period. The most common potential deficiencies at this stage of the procedure and the provisions governing their rectification are:

A‑III, 2	Representation	Rule 58
A‑III, 3	Physical requirements	Rule 58
A‑III, 4	Request for grant	Rule 58
A‑III, 5	Designation of inventor	Rule 60
A‑III, 6	Claim to priority	Rule 52(3), Rule 59
A‑III, 9	Payment of claims fees	Rule 45
A‑III, 10	Abstract	Rule 58
A‑III, 13	Filing fee, including any additional fee, search fee	Rule 112(1), Rule 135
A‑III, 14	Translation of the application	Rule 58
A‑III, 15	Late filing of claims	Rule 58
A‑IV, 5	Late furnishing of a standard-compliant sequence listing	Rule 30(3)

The formalities officer should raise all formal objections that become evident from a first examination of the application – with the exception of those noted in A‑III, 3.2 – in the appropriate communication. The definitive resolution of certain matters will likely be impossible at this stage, e.g. filing of priority documents for which the filing period has not expired, and further reports may be necessary. If the applicant is required to appoint a representative but has not done so, the formalities officer should deal with only this deficiency in the first report. Any request(s) for correction of other deficiencies will not be sent until a representative has been appointed, and will be sent to that representative.

Art. 90(3)