GL E III 8.7.2 Procedure in examination proceedings

In examination proceedings, the formal requirements of Rules 46 and 49(2)-(9) and (12) apply equally to application documents submitted during oral proceedings by hand or by email (OJ EPO 2020, A71).
If the applicant is unable to provide formally correct amended application documents during oral proceedings, the following applies:
(a)If a decision to refuse a patent application is imminent and formally non-compliant documents making up the application are on file, to avoid prolonging the proceedings the examining division will go ahead and issue the decision, based on substantive arguments. It may however mention this formal deficiency in the decision. 
(b)If there is agreed patentable subject-matter, the examining division announces the following: 
– the amended application fulfils the requirements of the EPC except for certain formal requirements, e.g. the ones under Rule 49(8) regarding handwritten amendments; and
– the procedure will be continued in writing. 
After the closure of the oral proceedings, the formalities officer on behalf of the examining division (see A‑III, 3.2) will invite the applicant to file formally correct documents within two months. Where the amendments submitted in reply to this invitation differ from the patentable subject-matter established at the oral proceedings, the procedure described in C‑V, 4.7, is to be applied.

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_iii_8_7_2.htm

Date retrieved: 17 May 2021

9 references found.

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EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

Offical Journal of the EPO