Formalities examination
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138
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If the application has been accorded a date of filing and is not deemed to be withdrawn, the Receiving Section checks for compliance with provisions governing representation (see points 57-66), formal requirements (see point 70), the filing of the abstract (see points 47 and 97-100), the content of the Request for Grant (see point 48), any priority claimed (see points 52-56), designation of the inventor (see points 49-51) and the filing of any drawings. If the Receiving Section finds correctable deficiencies, it invites you to remedy them (see points 66 and see point 210-219); if you fail to do so, the legal consequences provided for in the EPC take effect, ie the application is deemed to be withdrawn or is refused.
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Art. 91
R. 40, 41(1), 42, 84
Guid. A-III
Guid. E-I; II
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139
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If the deficiencies relate to a claim for priority and are not correctable, or if you do not remedy them although invited to do so, you lose your right of priority.
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Art. 91(1)(d), (3)
R. 41(2), (3)
Guid. A-III, 14
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A distinction must be made between failure to indicate the date or country of the prior application(s) when filing the European patent application and failure to meet other requirements. Only deficiencies relating to the latter requirements are correctable.
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140
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If the drawings referred to in the description or the claims are missing on the date of filing, you have a choice between re-dating the application to the date when the drawings are filed and deleting the late-filed drawings together with references to them in the application.
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Art. 91(1)(g), (6)
R. 43
Guid. A-III, 10
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D. The European patent grant procedure
Examination on filing
European search report
