GL A II 5.4.2 The missing parts are completely contained in the priority application

In cases where no translation of the priority application is required and both the European patent application and the priority application are in the same official language, the requirement that the late-filed parts of the application are "completely contained" in the priority application is met only if the parts of the priority application identified by the applicant according to Rule 56(3)(c) contain the same drawings, with the same annotations or, for late-filed parts of the description, contain the same text.
If a translation of the priority application is required, then the requirement that the late-filed parts of the application are "completely contained" in the priority application is met only if the parts of the translation identified by the applicant according to Rule 56(3)(c) contain the same drawings, with the same annotations or, for late-filed parts of the description, contain the same text.
In addition to the requirement that the missing drawings or the missing parts of the description be identical to the corresponding drawings or parts of the priority application, they must also be inserted in the description in a manner which does not result in the presence of additional technical content. Drawings of low visual quality are not considered missing in the sense of Rule 56 and can, therefore, not be remedied under this provision (see J 12/14).
Final assessment of the "completely contained" requirement falls within the responsibility of the examining division (see C‑III, 1).

8 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - F The European Patent Application

General Case Law