Where the designation of the inventor under Rule 19, paragraph 1, has not yet been made within the period under Rule 159, paragraph 1, the European Patent Office shall invite the applicant to make the designation within two months.
(2)[ 183 ]
Where the priority of an earlier application is claimed and the file number of the previous application or the copy thereof provided for in Rule 52, paragraph 1, and Rule 53 have not yet been submitted within the period under Rule 159, paragraph 1, the European Patent Office shall invite the applicant to furnish that number or copy within two months. Rule 53, paragraph 2, shall apply.
(3)[ 184 ]
Where, at the expiry of the period under Rule 159, paragraph 1, a sequence listing complying with the standard provided for in the Administrative Instructions under the PCT is not available to the European Patent Office, the applicant shall be invited to file a sequence listing complying with the rules laid down by the President of the European Patent Office within two months. Rule 30, paragraphs 2 and Rule 30, paragraphs 3, shall apply mutatis mutandis.
Where, at the expiry of the period under Rule 159, paragraph 1, the address, the nationality or the State in which his residence or principal place of business is located is missing in respect of any applicant, the European Patent Office shall invite the applicant to furnish these indications within two months.
Where, at the expiry of the period under Rule 159, paragraph 1, the requirements of Article 133, paragraph 2, have not been satisfied, the European Patent Office shall invite the applicant to appoint a professional representative within two months.
If the deficiencies noted under paragraphs 1, paragraphs 4 or paragraphs 5 are not corrected in due time, the European patent application shall be refused. If the deficiency noted under paragraph 2 is not corrected in due time, the right of priority shall be lost for the application.
Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
See decision of the President of the EPO of 18.10.2018 on the filing of priority documents (OJ EPO 2018, A78) and notice from the EPO of 22.02.2019 concerning priority document exchange via the WIPO Digital Access Service (OJ EPO 2019, A27).
See decision of the President of the EPO of 28.04.2011 on the filing of sequence listings (OJ EPO 2011, 372) and notice from the EPO of 28.10.2013 (OJ EPO 2013, 542).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r163.html
Date retrieved: 17 May 2021
39 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.30 EPC Requirements of European patent applications relating to nucleotide and amino acid sequences
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO 2021, A12 - Notice from the European Patent Office dated 22 February 2021 concerning the amendment of Rules 19 and 143 EPC
XOJ EPO 2020, A57 - Decision of the President of the European Patent Office dated 31 March 2020 on the filing of priority documents
XOJ EPO 2019, A27 - Notice from the European Patent Office dated 22 February 2019 concerning priority document exchange via the WIPO Digital Access Service (DAS) for European patent applications and for international applications filed with the [..]
XOJ EPO 2018, A79 - Notice from the European Patent Office dated 18 October 2018 concerning priority document exchange via the WIPO Digital Access Service (DAS)
XOJ EPO 2018, A78 - Decision of the President of the European Patent Office dated 18 October 2018 on the filing of priority documents
XOJ EPO 2013, 542 - Notice from the European Patent Officedated18October2013 concerningthefilingof sequence listings
XOJ EPO 2012, 492 - Decision of the President of the European Patent Office dated 9 August 2012 the filing of priority documents
XOJ EPO 2011, 376 - Notice from the European Patent Office dated 28 April 2011 concerning the filing of sequence listings
XOJ EPO 2011, 372 - Decision of the President of the European Patent Office dated 28 April 2011 on the filing of sequence listings
XOJ EPO 2010, 328 - Decision of the President of the European Patent Office dated 26 March 2010 concerning the furnishing of sequence listings to the European Patent Office acting as international authority under the PCT
XOJ EPO 2009, 236 - Decision of the President of the European Patent Office dated 17 March 2009 on the filing of priority documents
XOJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)