Guidelines for Examination
PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
3. Physical requirements
3.2 Documents making up the application, replacement documents, translations
 

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PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTSCHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
3. Physical requirements3. Physical requirements
  3.1 General remarks3.1 General remarks     3.3 Other documents3.3 Other documents  
 

3.2

Documents making up the application, replacement documents, translations

 

It is the responsibility of the Receiving Section to ensure that the documents making up the application, i.e. request, description, claims, drawings and abstract, meet the requirements of Rule 35(2) to (11) and (14) and, with regard to drawings, the requirements of Rule 32, to the extent necessary for the purpose of a reasonably uniform publication of the application under Art. 93(2). The Receiving Section should therefore not draw the attention of the applicant to any deficiencies under Rule 32(2)(i) or (j) or question whether tables included in the claims meet the requirements of Rule 35(11). In the event of deficiencies under Rule 27a, the Receiving Section must invite the applicant to remedy them (Decision of the President of the EPO, Supplement No. 2 to OJ 11/1998; see also IV, 5).

 

Once the application is transferred to it, the Examining Division assumes responsibility for formal matters, and should pay particular attention to the more technical requirements of Rule 32 and Rule 35 including particularly the above-mentioned requirements under Rule 32(2)(i) and (j) and Rule 35(11) and those laid down in Rule 35(12) and (13). The particular requirements for drawings are dealt with in Chapter X. With regard to the more technical requirements, such as those of Rule 32(2)(f) and (h), the Receiving Section should, in case of doubt, consult and take the advice of the Search Division. The Receiving Section should also consider taking action when the Search Division draws its attention to a deficiency which it had overlooked. It should be noted that, in accordance with Rule 32(3), flow sheets and diagrams are to be considered as drawings. As indicated in IX, 2.2, replacement documents and translations in an official language of documents filed under the provisions of Art. 14(2) are subject to the same requirements as the documents making up the application.

 

Art. 94(1)

Art. 96(2)

Rule 35(1)

Rule 36(1)