After a formalities examination, the Receiving Section or, where appropriate, the examining division issues one or more communications to the applicant if the application is found to be formally defective, identifying all the particular requirements of the EPC which the application does not satisfy and, in the case of deficiencies which can be corrected, will invite the applicant to correct such deficiencies within specified periods (see A‑III, 16). For the exceptional case where communications do not detail all deficiencies, see A‑III, 16.1. The applicant will be notified of the consequences, e.g. application deemed withdrawn, priority right lost, which result from the deficiencies or failure to take appropriate action within due time.
In general, depending on the deficiency in question, either:
For further details see E‑VIII, 1. If a deficiency is not rectified within due time, then the legal effects that are envisaged will apply.
Date retrieved: 30 December 2018
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EPC Implementing Rules
EPO Guidelines - A Formalities Examination
XGL A V – Communications concerning formal deficiencies; amendment of application; correction of errors