Chapter II – Formal requirements to be met before the division starts substantive examination
5. Priority documents and search resultsCopy of the search results on the priority or priorities
Where a translation of the priority document into one of the official languages of the EPO is required, it must be filed on request from the EPO in accordance with Rule 53(3) (see A‑III, 6.8 and subsections and A‑III, 6.10).
The priority document does not need to be on file for the substantive examination to be started, provided that neither intermediate documents (published in the priority period) nor Art. 54(3) documents exist which cause the patentability of the subject-matter claimed to depend on the validity of the priority right. However, no European patent may be granted until such time as the priority document is on file. In such a case, the applicant is informed that the decision to grant will not be taken as long as the priority document is missing.
On the other hand, the application may be refused without the priority document being on file, provided that the relevant prior art is neither an intermediate document nor an Art. 54(3) document, the relevance of which depends on the validity of the priority right. For more details on the treatment of such cases in examination, see F‑VI, 3.4.
If, when the examining division assumes responsibility, the EPO notes that a copy of the results of a search on the claimed priority or priorities as referred to in Rule 141(1) has not been filed by the applicant and is not deemed duly filed under Rule 141(2) (see A‑III, 6.12), it invites the applicant to file, within a period of two months, the copy or a statement that the results of the search referred to in Rule 141(1) are not available to them. This requirement applies to European or Euro-PCT applications filed on or after 1 January 2011 (see OJ EPO 2009, 585). This communication is also sent in cases where the priority in question has since been withdrawn or has lapsed.