Where a designation is not filed, or where the designation filed contains a major deficiency (e.g. inventor's name or the signature of the applicant is missing) so that it cannot be considered as validly filed, the applicant is informed that the European patent application will be deemed to be withdrawn if the deficiency is not remedied within the period prescribed under Art. 91(5) or within a minimum period of two months as from notification of this communication, whichever period is the longer. If the deficiencies are not rectified in due time, the application is deemed to be withdrawn and the applicant is notified accordingly (as regards divisional applications, see IV, 1.5). Re-establishment of rights under Art. 122 is possible on request (see E-VIII, 2).

If the designation filed presents only minor deficiencies (e.g. inventor's address is missing), the applicant is invited to correct these within a time limit set by the EPO pursuant to Art. 91(2). If this is not corrected in due time, the application is refused (analogous to Art. 91(3)). Further processing of the application under Art. 121 or re-establishment of rights under Art. 122 is possible on request. Regarding the designation of inventor in divisional applications, see IV, 1.5.