Examination on filing
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135
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On receiving an application the Receiving Section examines whether it can be accorded a date of filing. This is the case if the application documents contain:
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Art. 80, 90
Guid. A-II, 4
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·
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an indication that a European patent is sought
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·
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the designation of at least one contracting state
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·
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information identifying the applicant
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·
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a description and
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·
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one or more claims in one of the languages in which applications may be filed.
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136
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If a date of filing cannot be accorded because any deficiencies found have not been remedied in due time despite an invitation to do so, the application will not be dealt with as a European patent application.
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Art. 90(2)
R. 39
Guid. A-II, 4.1.4
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137
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Once the date of filing has been accorded, the Receiving Section examines whether the filing and search fees have been paid in due time and whether the translation of the application into the language of the proceedings, if required, has been filed in due time (see points 114, see point 115 and 42-46). If the fees have not been paid in due time allowing for the grace period under Rule 85a and the associated surcharge (see point 116), or if the translation has not been filed in due time, the European patent application is deemed to be withdrawn.
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Art. 90(1)(b), (c)
Guid. A-II, 4.2
Art. 90(3)
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D. The European patent grant procedure
Formalities examination
