4. Indicating the wish to enter the European phase – minimum requirements and further requirements for entry into the European phase
4.4 Further requirements to be complied with on entry into the European phase
The second group of requirements that, where applicable, must be fulfilled within the 31-month period are referred to as the "further" requirements for entry into the European phase. The main difference between further requirements and minimum requirements is that a further requirement is due on entry into the European phase but the application will not be immediately deemed withdrawn, if it is not complied with. This means that non-compliance with a further requirement does not block the start of the grant proceedings before the EPO as designated/elected Office. It also means that non-compliance with further requirements does not prevent a request for early processing from having effect (A‑XII, 6.2) or a divisional application from being filed (A‑XIII, 9.1.2; A‑IV, 1).
However, after the start of the processing in the European phase, non-compliance with a further requirement may result in a loss of rights, e.g. refusal of the application or loss of the priority right under Rule 163(6). The consequences of non-compliance are set out for each of the further requirements in A‑XIII, 11.
Moreover, non-compliance with a further requirement within the 31-month period may result in a delay in starting search or examination because the formalities officer will only refer the file to the search division for drawing up the supplementary European search report or, where the supplementary European search is dispensed with, to the examining division for substantive examination, on condition that it can be dealt with.
Depending on the circumstances of the application, the applicant may have to comply with the following further requirements, i.e. complete one or more of the following acts, within the 31-month period.
–file the designation of the inventor (A‑XIII, 11.1)
–furnish the file number or the certified copy of the application(s) from which priority is claimed (A‑XII, 5.4; A‑XIII 11.2)
–furnish a sequence listing complying with the standard (A‑XII, 5.6; A‑XIII, 11.3)
–furnish the details mentioned in Rule 163(4) for each applicant (A‑XII, 6.1; A‑XIII, 11.4)
–appoint a professional representative (A‑XII, 6.2; A‑XIII, 11.5)
–where applicable, file the certificate of exhibition mentioned in Art. 55(2) (A‑XIII, 11.6)
–furnish a copy of the results of any search carried out by or on behalf of the authority with which the priority application was filed (A‑III, 6.12; A‑XIII, 11.7)
–pay any claims fees due (A‑XII, 5.3.1; A‑XIII, 11.8; A‑XIV, 2.2).