Guidelines for Examination
PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
14. Correction of deficiencies
14.1 Procedure formalities officer
 

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PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTSCHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
14. Correction of deficiencies14. Correction of deficiencies
       14.2 Period allowed for remedying deficiencies14.2 Period allowed for remedying deficiencies  
 

14.1

Procedure formalities officer

 

Where the notes during the examination for compliance with the requirements set out in earlier sections of this Chapter that there are deficiencies which may be corrected, he must give the applicant the opportunity to rectify each such deficiency within a specified period. Some of these periods have been referred to previously (see periods specified in III, 5.5, III, 6.6, 9, 10 and III, 12.3), others are determined by the Receiving Section in accordance with Rule 84. The formalities officer should in his first report to the applicant raise all the formal objections that become evident from a first examination of the application, except that, as noted in III, 3.2, the Receiving Section should not draw the attention of the applicant to deficiencies under Rule 32(2)(i) and (j) or question the inclusion of tables in the claims. It is likely that certain matters cannot be finally disposed of at this stage, e.g. filing of priority documents for which the period for filing 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 in his first report not only cover this deficiency but any other obvious deficiencies as it should be assumed that the applicant on receipt of the report will appoint a representative within the period allowed.

 

Art. 91(2)