GL A III 16.1 Procedure formalities officer

Where, during the examination for compliance with the requirements set out in earlier sections of this Chapter, it is noted that there are deficiencies which may be corrected, the formalities officer must give the applicant the opportunity to rectify each such deficiency within a specified period. A summary of the most common potential deficiencies at this stage of the procedure and the provisions governing their rectification is given below:[Art. 90(3); ]
Physical Requirements
Request for grant
Designation of inventor
Claim to priority
Payment of claims fees
Filing fee, including any additional fee, search fee
Translation of the application
Late filing of claims
The formalities officer should raise all formal objections that become evident from a first examination of the application in the appropriate communication, except that, as noted in A‑III, 3.2, the Receiving Section should not draw the attention of the applicant to deficiencies under Rule 46(2)(i) and (j) or question the inclusion of tables in the claims (Rule 49(9), fourth sentence). It is likely that certain matters cannot be finally disposed of at this stage, e.g. filing of priority documents for which the period for filing has not expired, and further reports may be necessary. If the applicant is required to appoint a representative but has not done so, the formalities officer should in the first report deal only with this deficiency. Any request(s) for correction of other deficiencies will not be sent until a representative has been appointed, and will be sent to that representative.

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