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14.2
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Period allowed for remedying deficiencies
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The EPO determines the periods for remedying the following deficiencies:
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Rule 41(1), (2)
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(i)
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non-appointment of a representative where the applicant has neither his residence nor principal place of business in a Contracting State, or failure to file an authorisation where this is necessary (see IX, 1.5 and the Decision of the President of the EPO, OJ 9/1991, 489) (see also III, 2);
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(ii)
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documents making up the application not complying with physical requirements (see III, 3);
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(iii)
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request for grant (with the exception of the priority criteria) not satisfactory (see III, 4);
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(iv)
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abstract not filed (see III, 11);
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(v)
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non-payment of the claims fees (see III, 9); and
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(vi)
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priority document, file number or translation of the previous application is missing (see III, 6).
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The period allowed for remedying any of the above deficiencies, apart from (v), must not be less than two months and not more than four months. As a general rule, the period is set at two months. If any of the listed deficiencies is not corrected within the time limit allowed, the application is refused (in cases (i) to (iv) above) or (in cases (v) and (vi) above) a loss of right occurs, and the applicant receives a communication from the EPO to that effect. Where appropriate, the Search Division is informed of such refusal or loss of rights.
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Rule 84
Art. 91(2), (3)
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CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
14.1 Procedure formalities officer
