GL A II 5.4.3 Copy of the priority application

The copy of the priority application which is required for the request according to Rule 56(3) does not need to be certified.

GL A II 5.4.2 The missing parts are completely contained in the priority application

In cases where no translation of the priority application is required and both the European patent application and the priority application are in the same official language, the requirement that the late-filed parts of the application are "completely contained" in the priority application is met only if the parts of the priority application identified by the applicant according to Rule 56(3)(c) contain the same drawings, with the same annotations or, for late-filed parts of the description, contain the same text.

GL A II 5.4.1 Late-filed missing parts when priority is claimed

In the context of a request under Rule 56(3) the EPO will check that the requirements for the priority claim are met (see A‑III, 6).

Where the applicant files a request under Rule 56(3) (see A‑II, 5.4), the priority claim in question must have been in existence no later than the filing of this request.

GL A II 5.4 Missing parts based on the priority application, no change in filing date

If the applicant files missing parts of the description, or drawings, after the date of filing in accordance with the procedures explained in A‑II, 5.1 or 5.2, the date of filing does not change, provided that the following criteria are satisfied:[Rule 56(3); ]

(i)

GL A II 5.3 The filing date changes

If the applicant files missing parts of the description, or drawings, in accordance with the procedures explained in A‑II, 5.1 or 5.2, then the date of filing changes to the date on which the missing parts are received at the EPO. The applicant is informed of the new date of filing.

GL A II 5.2 Late filing of missing drawings or missing parts of the description – without invitation

Applicants may also file missing parts of the description, or missing drawings, of their own motion (without being invited to do so by the EPO) within two months of the date of filing. If the applicant does not file the missing parts within this period, all references to the missing parts are deemed to be deleted.

GL A II 5.1 Late filing of missing drawings or missing parts of the description – on invitation

The application is examined on filing to check that it is entitled to a date of filing. If during this check the EPO notes that parts of the description, or drawings appear to be missing, it shall invite the applicant to file the missing parts within a time limit of two months from the invitation. If the applicant does not reply to this invitation in time, then all references to the missing parts are deemed to be deleted.