GL A V 1 Communications concerning formal deficiencies

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).

GL A V – Communications concerning formal deficiencies; amendment of application; correction of errors

1. Communications concerning formal deficiencies

2. Amendment of application

3. Correction of errors in documents filed with the EPO

GL A IV 6 Conversion into a national application

The central industrial property office of a contracting state must apply the procedure for the grant of a national patent or another protective right provided for by the legislation of this state at the request of the applicant for or the proprietor of the European patent under the circumstances specified in Art. 135(1).

GL A IV 5.3 Sequence listings of a divisional application

As an independent European patent application, a divisional application must also satisfy the requirements of Rule 30 in conjunction with the decision of the President of the EPO dated 28 April 2011 on the filing of sequence listings, OJ EPO 2011, 372 (see G 1/05, reasons 3.1).

GL A IV 5.2 Sequence listings of an application filed by reference to a previously filed application

Where the application is filed by reference to a previously filed application (see A‑II, 4.1.3.1), and that previously filed application contained sequence listings on its date of filing, then those sequence listings form part of the application as originally filed.

GL A IV 5.1 Sequence information filed under Rule 56

If the application as originally filed does not obviously disclose any sequences, such that the Receiving Section cannot be aware of any deficiency, then no communication according to Rule 30(3) or Rule 56(1) will be sent to the applicant.

GL A IV 5 Applications relating to nucleotide and amino acid sequences

If nucleotide and amino acid sequences within the meaning of Rule 30(1) are disclosed in the European patent application, they are to be represented in a sequence listing which conforms to WIPO Standard ST.25. The sequence listing should, where it is filed together with the application, be placed at the end of the application (see WIPO Standard ST.25, point 3). The sequence listing must be filed in electronic form, i.e. in TXT format.

GL A IV 4.4 Requests for samples of biological material

As from the date of publication of a European patent application relating to biological material, the biological material deposited in accordance with Rule 31 will be made available on request to any person having the right to inspect the files (see A‑XI, 1).

GL A IV 4.3 Availability of deposited biological material to expert only

Under Rule 32(1)(a) and (b), until the date on which the technical preparations for publication of the application are deemed to have been completed, the applicant may inform the EPO that, until the publication of the mention of the grant of the European patent or, where applicable, for twenty years from the date of filing if the application has been refused or withdrawn or is deemed to be withdrawn, the availability referred to in

GL A IV 4.2 Missing information; notification

When the Receiving Section notices that the information required under Rule 31(1)(c) (indication of the depositary institution and the accession number of the culture deposit) or the information and the document referred to in Rule 31(1)(d) (authorisation to refer to the deposit and the consent to it being made available) is not contained in or has not yet been submitted with the application, it should notify the applicant of this fact as this information can only be validly submitted within the tim