GL A II 5.4 Missing parts based on the priority application, no change in filing date

If the applicant files missing parts of the description, or drawings, after the date of filing in accordance with the procedures explained in A‑II, 5.1 or 5.2, the date of filing does not change, provided that the following criteria are satisfied:[Rule 56(3); ]

(i)the missing parts are filed within the applicable time limit*

(ii)the application claims priority (see A‑II, 5.4.1)

(iii)the applicant requests that the late-filed parts be based on the claimed priority in order to avoid a change in the date of filing, and does so within the applicable time limit* (see A‑II, 5.4.1)

(iv)the late-filed parts of the description, or drawings, are completely contained in the priority application (see A‑II, 5.4.2)

(v)the applicant files a copy of the priority application within the applicable time limit*, unless such copy is already available to the EPO under Rule 53(2) (see A‑II, 5.4.3)[Rule 56(3)(a); ]

(vi)where the priority application is not in an official language of the EPO, the applicant files a translation into one of these languages within the applicable time limit*, unless such a translation is already available to the EPO under Rule 53(3) (see A‑II, 5.4.4)[Rule 56(3)(b); ]

(vii)the applicant indicates where in the priority application and, if applicable, where in its translation, the late-filed missing parts of the description, or drawings, are completely contained, and does so within the applicable time limit* (see A‑II, 5.4.2).[Rule 56(3)(c); ]

*For the applicable time limit see whichever of A‑II, 5.1 or 5.2 applies.

Where criterion (i) is not satisfied, the late filing of those parts is deemed not to have been made and all references thereto in the application are deemed to be deleted under Rule 56(4)(a) (see A‑II, 5.1 and 5.2). In this case the filing date does not change, but the late-filed parts are not introduced into the application either.

If the request according to Rule 56(3) does not comply with one or more of the above requirements (ii)-(iv), then according to Rule 56(2) the date of filing will change to the date on which the EPO received the late-filed missing parts of the application. The EPO will send a communication informing the applicant of this according to Rule 56(2).[Rule 56(2); ]

If the request according to Rule 56(3) does not comply with one or more of the above requirements (v)-(vii), then according to Rule 56(5) the date of filing will change to the date on which the EPO received the late-filed missing parts of the application. The EPO will send a communication informing the applicant of this according to Rule 56(5).[Rule 56(5); ]

5.4.1 Late-filed missing parts when priority is claimed

5.4.2 The missing parts are completely contained in the priority application

5.4.3 Copy of the priority application

5.4.4 Translation of the priority application

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_ii_5_4.htm

Date retrieved: 17 May 2021