What happens if the applicant fails to meet the PPH participation requirements or if the PPH request contains one or more defects?

In those instances where the request for participation in the PPH programme does not meet all the requirements for participation (see FAQ “How can I participate in the PPH programme at the EPO?” and FAQ “When is my patent application eligible for PPH?”) the applicant will be notified and the defect(s) in the request will be identified.

The applicant will be given one opportunity to correct formal deficiencies identified in the request. The EPO will invite the applicant to correct the formal deficiency(-ies) within a time limit of 2 months.

If the request is not corrected, or not corrected within the prescribed time limit, the application will be taken out of the PPH programme and the applicant will be notified.