If a date of filing cannot be accorded following the examination under paragraph 1, the application shall not be dealt with as a European patent application.
If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with the Implementing Regulations, whether the requirements in Articles 14, Article 78 and Article 81, and, where applicable, Article 88, paragraph 1, and Article 133, paragraph 2, as well as any other requirement laid down in the Implementing Regulations, have been satisfied.
Where the European Patent Office in carrying out the examination under paragraphs 1 or 3 notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them.
If any deficiency noted in the examination under paragraph 3 is not corrected, the European patent application shall be refused unless a different legal consequence is provided for by this Convention. Where the deficiency concerns the right of priority, this right shall be lost for the application.
Date retrieved: 17 May 2021
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EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - E General Procedural Matters
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 2019, A18 - Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by facsimile
XOJ EPO 2013, 16 - Notice from the European Patent Office dated 3 December 2012 on calculation of the time limit under Rule 36(1) EPC
Case Law Book: II Conditions to be met by an Application
Case Law Book: III Amendments
XCLR III V 2.2 Duty of persons without residence nor place of business within a contracting state to be represented by a professional representative