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1、Guidelines for Examination in the European Patent Office March 2023 2024 March 2024 Guidelines for Examination in the EPO List of Contents a List of Contents General Part Contents a 1.Preliminary remarks 1 2.Explanatory notes 1 3.General remarks 4 4.Work at the EPO 6 5.Summary of the processing of a

2、pplications and patents at the EPO 6 6.Contracting states to the EPC 7 7.Extension to and validation in states not party to the EPC 8 8.Unitary Patent protection 8 Part A Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on

3、 filing II-1 Chapter III Examination of formal requirements III-1 Chapter IV Special provisions IV-1 Chapter V Communications concerning formal deficiencies;amendment of application;correction of errors V-1 Chapter VI Publication of application;request for examination and transmission of the dossier

4、 to examining division VI-1 Chapter VII Languages VII-1 List of Contents b Guidelines for Examination in the EPO March 2024 Chapter VIII Common provisions VIII-1 Chapter IX Drawings IX-1 Chapter X Fees X-1 Chapter XI Inspection of files;communication of information contained in files;consultation of

5、 the European Patent Register;issue of certified copies XI-1 Part B Guidelines for Search Contents a Chapter I Introduction I-1 Chapter II General II-1 Chapter III Characteristics of the search III-1 Chapter IV Search procedure and strategy IV-1 Chapter V Preclassification,IPC and CPC classification

6、 of European patent applications V-1 Chapter VI The state of the art at the search stage VI-1 Chapter VII Unity of invention VII-1 Chapter VIII Subject-matter to be excluded from the search VIII-1 Chapter IX Search documentation IX-1 Chapter X Search report X-1 Chapter XI The search opinion XI-1 Mar

7、ch 2024 Guidelines for Examination in the EPO List of Contents c Part C Guidelines for Procedural Aspects of Substantive Examination Contents a Chapter I Introduction I-1 Chapter II Formal requirements to be met before the division starts substantive examination II-1 Chapter III The first stage of e

8、xamination III-1 Chapter IV Examination of replies and further stages of examination IV-1 Chapter V The final stage of examination V-1 Annex Standard marks for indicating amendments or corrections by the divisions V-20 Chapter VI Time limits and acceleration of examination VI-1 Chapter VII Other pro

9、cedures in examination VII-1 Chapter VIII Work within the examining division VIII-1 Chapter IX Special applications IX-1 Part D Guidelines for Opposition and Limitation/Revocation Procedures Contents a Chapter I General remarks I-1 Chapter II The opposition division II-1 Chapter III Opposition III-1

10、 Chapter IV Procedure up to substantive examination IV-1 Chapter V Substantive examination of opposition V-1 Chapter VI Procedure for the examination of the opposition VI-1 Chapter VII Details and special features of the proceedings VII-1 List of Contents d Guidelines for Examination in the EPO Marc

11、h 2024 Chapter VIII Decisions of the opposition division VIII-1 Chapter IX Costs IX-1 Chapter X Limitation and revocation procedure X-1 Part E Guidelines on General Procedural Matters Contents a Chapter I Introduction I-1 Chapter II Communications and notifications II-1 Chapter III Oral proceedings

12、III-1 Chapter IV Taking and conservation of evidence IV-1 Chapter V Derogations from the language of the proceedings in oral proceedings V-1 Chapter VI Examination by the EPO of its own motion;facts,evidence or grounds not submitted in due time;observations by third parties VI-1 Chapter VII Interrup

13、tion,stay and consolidation of the proceedings VII-1 Chapter VIII Time limits,loss of rights,further and accelerated processing and re-establishment of rights VIII-1 Chapter IX Applications under the Patent Cooperation Treaty(PCT)IX-1 Chapter X Decisions X-1 Chapter XI Impartiality of divisions the

14、examining or opposition division XI-1 Chapter XII Appeals XII-1 Chapter XIII Request from a national court for a technical opinion concerning a European patent XIII-1 Chapter XIV Registration of changes of name,transfers,licences and other rights XIV-1 March 2024 Guidelines for Examination in the EP

15、O List of Contents e Part F The European Patent Application Contents a Chapter I Introduction I-1 Chapter II Content of a European patent application(other than claims)II-1 Annex 1 Checklist for considering the abstract(see F-II,2.5)II-16 Annex 2 Units recognised in international practice as determi

16、ned by the President under Rule 49(2)(see F-II,4.13)II-17 Chapter III Sufficiency of disclosure III-1 Chapter IV Claims(Art.84 and formal requirements)IV-1 Annex Examples concerning essential features IV-43 Chapter V Unity of invention V-1 Chapter VI Priority VI-1 Part G Patentability Contents a Cha

17、pter I Patentability I-1 Chapter II Inventions II-1 Chapter III Industrial application III-1 Chapter IV State of the art IV-1 Chapter V Non-prejudicial disclosures V-1 Chapter VI Novelty VI-1 Chapter VII Inventive step VII-1 Annex Examples relating to the requirement of inventive step indicators VII

18、-27 List of Contents f Guidelines for Examination in the EPO March 2024 Part H Amendments and Corrections Contents a Chapter I The right to amend I-1 Chapter II Admissibility of amendments general rules II-1 Chapter III Admissibility of amendments other procedural matters III-1 Chapter IV Allowabili

19、ty of amendments IV-1 Chapter V Allowability of amendments examples V-1 Chapter VI Correction of errors VI-1 Index for Computer-Implemented Inventions 1 Guidelines for Examination Alphabetical keyword index 1 List of sections amended in 2024 revision 1 General Part March 2024 Guidelines for Examinat

20、ion in the EPO General Part Contents a Contents 1.Preliminary remarks 1 2.Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 3 3.General remarks 4 4.Work at the EPO 6 5.Summary of the processing of applications and patents at the EPO 6 6.Contracting states to the EPC 7 7.Extension to and validatio

21、n in states not party to the EPC 8 8.Unitary Patent protection 8 March 2024 Guidelines for Examination in the EPO General Part 1 1.Preliminary remarks In accordance with Art.10(2)(a)of the European Patent Convention(EPC),the President of the European Patent Office(EPO)had adopted,effective as at 1 J

22、une 1978,the Guidelines for Examination in the European Patent Office.These Guidelines are updated at regular intervals to take account of developments in European patent law and practice.Usually,updates involve amendments to specific sentences or passages on individual pages,in order to bring the t

23、ext into line with patent law and EPO practice as these continue to evolve.It follows that no update can ever claim to be complete.In general,each edition is updated to reflect the situation as at 1 December of the previous year.Any indication from readers drawing attention to errors as well as sugg

24、estions for improvement are highly appreciated and may be sent by email to:patentlawepo.org.The binding version of the Guidelines for Examination in the European Patent Office is published by the EPO in searchable HTML format on the internet at epo.org.Both the HTML and PDF versions of the Guideline

25、s contain:(a)a non-exhaustive alphabetical keyword index;(b)an index of computer-implemented inventions(CII),with a collection of direct hyperlinks to the relevant chapters in the Guidelines;(c)a full list of the sections that have been amended,together with the corresponding hyperlinks.In the HTML

26、publication,modifications can be viewed by ticking the Show modifications box in the upper right corner,which displays inserted text with a green background and deleted text in red strikethrough font.For sections in which no changes have been made,the tick box is greyed out.2.Explanatory notes 2.1 O

27、verview The main body of these Guidelines comprises the following eight parts:Part A:Guidelines for Formalities Examination Part B:Guidelines for Search Part C:Guidelines for Procedural Aspects of Substantive Examination Part D:Guidelines for Opposition and Limitation/Revocation Procedures Part E:Gu

28、idelines on General Procedural Matters Part F:The European Patent Application Part G:Patentability Part H:Amendments and Corrections Part A deals with the procedures for formalities examination mainly with regard to grant proceedings.Part B deals with search matters.Part C and General Part 2 Guideli

29、nes for Examination in the EPO March 2024 Part D relate to procedures to be followed in examination and opposition proceedings,respectively.Part E deals with general procedural matters relevant to several or all of the stages in procedures before the EPO,including Euro-PCT applications.Part F deals

30、with the requirements which the application must fulfil other than patentability,in particular unity of invention(Art.82),sufficiency of disclosure(Art.83),clarity(Art.84)and the right to priority(Art.87 to Art.89).Part G deals with the requirements of patentability provided for in Art.52 to Art.57,

31、in particular exclusions from patentability(Art.52(2)and Art.53),novelty(Art.54),inventive step(Art.56)and industrial application(Art.57).Part H deals with the requirements relating to amendments and corrections.It relates in particular to questions of admissibility(Rule 80 and Rule 137)and complian

32、ce with Art.123(2)and(3),Rule 139 and Rule 140.The following notices relating to this and other recent updates have been published in the Official Journal of the European Patent Office:Re March 2024 update:OJ EPO 2024,A9 Re March 2023 update:OJ EPO 2023,A6 Re March 2022 update:OJ EPO 2022,A10 Re Mar

33、ch 2021 update:OJ EPO 2021,A6 Re November 2019 update:OJ EPO 2019,A80 Re November 2018 update:OJ EPO 2018,A73 Re November 2017 update:OJ EPO 2017,A75 Re November 2016 update:OJ EPO 2016,A76 Re November 2015 update:OJ EPO 2015,A74 Re November 2014 update:OJ EPO 2014,A88 Re September 2013 update:OJ EP

34、O 2013,447 Re June 2012 update:OJ EPO 2012,420 Re April 2010 update:OJ EPO 2010,230 Re April 2009 update:OJ EPO 2009,336 Re December 2007 update:OJ EPO 2007,589 Re June 2005 update:OJ EPO 2005,440 Re December 2003 update:OJ EPO 2003,582 Re October 2001 update:OJ EPO 2001,464 Re February 2001 update:

35、OJ EPO 2001,115 Re June 2000 update:OJ EPO 2000,228 Each part of the Guidelines is divided into chapters,each subdivided into numbered sections that may be further divided into subsections.Cross-references to other sections include the relevant letter of that part,followed by the chapter number(a Ro

36、man numeral)and then the section or subsection number(thus,e.g.C-V,4.6,would be used if it were desired to refer to subsection 4.6 of chapter V of Part C).Marginal references to articles and rules without further identification indicate the Articles or Rules of the European Patent Convention as the

37、legal basis for what is stated in the text.It is believed that such references avoid the need for extensive quotation from the EPC itself.Any references to persons made in the Guidelines are to be understood as being gender-neutral.March 2024 Guidelines for Examination in the EPO General Part 3 2.2

38、Abbreviations In the Guidelines,the following abbreviations are used:EPC European Patent Convention EPO European Patent Office OJ EPO Official Journal of the European Patent Office Art.Article RFees Rules relating to Fees UP Unitary Patent WIPO World Intellectual Property Organization PCT Patent Coo

39、peration Treaty ISA International Searching Authority WO-ISA Written Opinion of the International Searching Authority IPEA International Preliminary Examining Authority IPRP International Preliminary Report on Patentability IPER International Preliminary Examination Report EESR Extended European Sea

40、rch Report ESOP European Search Opinion(Rule 62)ADA Arrangements for deposit accounts AAD Arrangements for the automatic debiting procedure BNS back-file conversion numerical system rec.Recital Prot.Art.69 Protocol on the Interpretation of Art.69 EPC Prot.Centr.Protocol on the Centralisation of the

41、European patent system and on its introduction(Protocol on Centralisation)EU European Union EVL Electronic virtual library References to the European Patent Convention(EPC)are references to the European Patent Convention as amended by the Act revising the EPC of 29 November 2000 and the decision of

42、the Administrative Council of 28 June 2001 adopting the new text of the European Patent Convention(OJ EPO Special editions No.4/2001,pages 56 et seq;No.1/2003,pages 3 et seq;No.1/2007,pages 1 to 88)and the Implementing Regulations as adopted by decision of the Administrative Council of 7 December 20

43、06(OJ EPO Special edition No.1/2007,pages 89 et seq)and as subsequently amended by decisions of the Administrative Council of 6 March 2008(OJ EPO 2008,124),21 October 2008(OJ EPO 2008,513),25 March 2009(OJ EPO 2009,296 and OJ EPO 2009,299),27 October 2009(OJ EPO 2009,582),28 October 2009(OJ EPO 2009

44、,585),26 October 2010(OJ EPO 2010,568,634 and 637),27 June 2012(OJ EPO 2012,442),16 October 2013(OJ EPO 2013,501,and 503),13 December 2013(OJ EPO 2014,A3 and A4),15 October 2014(OJ EPO 2015,A17),14 October 2015(OJ EPO 2015,A82 and A83),30 June 2016(OJ EPO 2016,A100),14 December 2016(OJ EPO 2016,A102

45、),28 June 2017(OJ EPO 2017,A55),29 June 2017(OJ EPO 2017,A56),13 December 2017(OJ EPO 2018,A2),28 June 2018(OJ EPO 2018,A57),28 March 2019(OJ EPO 2019,A31),12 December 2019(OJ EPO 2020,A5),27 March 2020(OJ EPO 2020,A36),15 December 2020(OJ EPO 2020,A132 and OJ EPO 2021,A3),14 December 2021(OJ EPO 20

46、22,A3)and 13 October 2022(OJ EPO 2022,A101).General Part 4 Guidelines for Examination in the EPO March 2024 Where necessary,reference is made to the European Patent Convention of 5 October 1973 as amended by the act revising Article 63 EPC of 17 December 1991 and by the decisions of the Administrati

47、ve Council of 21 December 1978,13 December 1994,20 October 1995,5 December 1996,10 December 1998 and 27 October 2005.The reference to articles and rules and their paragraphs of EPC 2000 will be as follows:Article 123,paragraph 2 will be:Art.123(2),Rule 29,paragraph 7 will be:Rule 29(7).Articles and

48、rules of EPC 1973,of the PCT and articles of the Rules relating to Fees are referred to in a similar way,e.g.Art.54(4)EPC 1973,Art.33(1)PCT and Art.10(1)RFees respectively.Only where deemed appropriate,i.e.in order to avoid confusion,will references to articles and rules of the EPC be provided with

49、the extension EPC 2000.Decisions and opinions of the Enlarged Board of Appeal will only be referred to with their capital letter and their number,e.g.G 2/88.Decisions of the technical boards of appeal and the Legal Board of Appeal will be referred to in the same way,e.g.T 152/82,J 4/91 and T 169/88.

50、It is noted that all decisions and opinions of the Enlarged Board of Appeal and all decisions of the boards of appeal of the EPO are published on the internet(epo.org).The arrangements for deposit accounts and their annexes,including the arrangements for the automatic debiting procedure plus explana

51、tory notes,are published from time to time as Supplements to the Official Journal of the EPO,which are available on the EPO website(epo.org).3.General remarks These Guidelines provide guidance in respect of the practice in proceedings before the EPO in accordance with the European Patent Convention

52、and its Implementing Regulations(see section 5).The search and examination practice and procedure as regards PCT applications in the international phase are not the subject of these Guidelines,but are dealt with in the PCT International Search and Preliminary Examination Guidelines,which are availab

53、le on the WIPO website(wipo.int).Whenever considered appropriate,options given in the latter Guidelines and the way they are dealt with by the European Patent Office when acting as Receiving receiving Office,International Searching Authority,Supplementary International Searching Authority or Interna

54、tional Preliminary Examining Authority are the subject of separate notices published in the Official Journal of the EPO and on the EPO website.Please also consult the Guidelines for Search and Examination at the EPO as PCT Authority,which are available on the EPO website.It is important to note that

55、,in respect of international applications filed under the PCT that are subject to proceedings before the EPO,the provisions of the PCT and its Regulations apply,supplemented by the EPC.In case of conflict the provisions of the PCT prevail(Art.150(2)EPC).The present Guidelines are addressed primarily

56、 to examiners and formalities officers of the EPO,but are also intended to serve the parties to March 2024 Guidelines for Examination in the EPO General Part 5 the proceedings and patent practitioners as a basis for illustrating the law and practice in proceedings before the EPO.As a general rule,pa

57、rty to the proceedings denotes the applicant,the patent proprietor or the opponent and,if the party is represented,its representative(see A-VIII,1).The Guidelines cannot cover all possible occurrences and exceptions in every detail,but must be regarded as general instructions that may need to be ada

58、pted to the individual case.The application of the Guidelines to individual European patent applications or patents is the responsibility of the formalities officers and examiners.As a general rule,parties may expect the EPO to act in accordance with the Guidelines until such time as they or the rel

59、evant legal provisions are amended.Notices concerning such amendments are published in the Official Journal of the EPO and on the EPO website.It should be noted also that the Guidelines do not constitute legal provisions.For the ultimate authority on practice in the EPO,it is necessary to refer firs

60、tly to the European Patent Convention itself including the Implementing Regulations,the Protocol on the Interpretation of Article 69 EPC,the Protocol on Centralisation,the Protocol on Recognition,the Protocol on Privileges and Immunities and the Rules relating to Fees,and secondly to the interpretat

61、ion put upon the EPC by the boards of appeal and the Enlarged Board of Appeal.Where a decision or an opinion of the Enlarged Board of Appeal is referred to,this is to inform the reader that the practice described has been adopted to take account of the decision or opinion referred to.The same applie

62、s to decisions of the Legal Board of Appeal or technical boards of appeal.In case of diverging decisions of the Legal Board of Appeal or technical boards of appeal,EPO examiners and formalities officers will,as a rule,follow the common practice as described in the Guidelines,which applies until furt

63、her notice.Furthermore,the Guidelines reflect only those decisions of the boards of appeal incorporated into the EPOs general practice due to their general procedural significance;they do not take into account any deviating decisions taken in the individual case,given that the binding effect referre

64、d to in Art.111(2)applies to that specific case only.As regards search,the EPO also carries out searches for national patent applications from certain countries.The instructions in Part B apply in the main also to such searches.These Guidelines address those aspects of the procedure which relate to

65、the European patent grant procedure.They do not deal with proceedings relating to Unitary Patent protection(Regulations(EU)No 1257/2012 and 1260/2012,OJ EPO 2013,111 and 132)other than those aspects arising during the European patent grant procedure(see C-IV,7.2)or,for example,as temporary measures

66、for requesting unitary effect for the granted patent(see Part C-V,2 C-V,2.1).General information on the aspects of the Unitary Patent system is available on the EPO website(epo.org/applying/european/unitary.html).General Part 6 Guidelines for Examination in the EPO March 2024 4.Work at the EPO The s

67、etting up of the EPO represented a major step forward in the history of patents.Its reputation depends on all employees,regardless of nationality,working harmoniously together and giving of their best.But it is on the search,examination and opposition,more than anything else,that the EPO will be jud

68、ged by the patent world.Employees of the EPO work with colleagues who not only speak a different language but also come from a different patent background with different training.Some may also have had experience in their national patent office.It is therefore important to mention that all employees

69、 in the EPO are working under a common system as laid down in the EPC.The Guidelines will support them in applying the same standards.One of the purposes of the Guidelines is also to make clear how the areas of responsibility are distributed among the different departments,e.g.the Receiving Section,

70、the examining or opposition divisions,in order to harmonise the working processes and to avoid duplicate work.It should not be forgotten that the reputation of the EPO depends not only on the quality of the work it provides but also on the timeliness with which it delivers its work products.The EPC

71、imposes various time limits on the parties.The European patent system will be judged a success only when examiners and other employees also operate within reasonable time frames.Finally,it should hardly need stating that all European applications and patents,regardless of their country of origin and

72、 the language in which they are written,receive equal treatment.An international patent system can be credible only if all trace of national bias is absent.5.Summary of the processing of applications and patents at the EPO The processing of a European application and of a European patent is carried

73、out in a number of distinct steps which may be summarised as follows:(i)the application is filed with the EPO or a competent national authority;(ii)the Receiving Section examines the application to determine if a date of filing can be accorded to the application;(iii)the Receiving Section carries ou

74、t the formal examination of the application;(iv)if the Receiving Section has established that the application complies with the formal requirements,the search division draws up an extended European search report(EESR),a copy of which is forwarded to the applicant;March 2024 Guidelines for Examinatio

75、n in the EPO General Part 7(v)the application and the search report are published by the EPO either together or separately;(vi)on receipt of a request for examination from the applicant,or,if the request for examination has been filed before the search report has been transmitted to the applicant,on

76、 confirmation by the applicant that he desires they desire to proceed further with the European patent application,the application is subjected to substantive examination and any necessary formal examination before a European patent is granted by the examining division;(vii)provided the requirements

77、 of the EPC are met,a European patent is granted for the states designated;(viii)the specification of the European patent is published by the EPO;(ix)no later than one month after the date of publication of the mention of the grant in the European Patent Bulletin,the patent proprietor may file a req

78、uest for unitary effect;(x)(ix)within nine months from publication,any person may give notice of opposition to the European patent granted;after examining the opposition,the opposition division decides whether to reject the opposition,maintain the patent in amended form or revoke the patent;(xi)(x)t

79、he patent proprietor may request limitation or revocation of the granted European patent;the examining division will decide on this request;(xii)(xi)if the European patent is amended,the EPO publishes a new specification of the European patent amended accordingly.A European patent application may al

80、so be filed via the PCT route(Euro-PCT application entry into the European phase).For further details,see E-IX,and subsections.Any decision by the Receiving Section,an examining division,an opposition division or the Legal Division which adversely affects a party is appealable and,thus,subject to re

81、view before a board of appeal of the EPO.With the exception of important aspects relating to interlocutory revision,the appeals procedure is not dealt with in these Guidelines.6.Contracting states to the EPC The following states are contracting states*to the EPC(date of effect of the ratification in

82、 brackets):Albania(1 May 2010)Austria(1 May 1979)*An up-to-date list of the contracting states to the EPC is published each year in issue No.4 of the Official Journal of the EPO on epo.org(see epo.org/en/about-us/foundation/member-states).General Part 8 Guidelines for Examination in the EPO March 20

83、24 Belgium(7 October 1977)Bulgaria(1 July 2002)Croatia(1 January 2008)Cyprus(1 April 1998)Czech Republic(1 July 2002)Denmark1(1 January 1990)Estonia(1 July 2002)Finland(1 March 1996)France2(7 October 1977)Germany(7 October 1977)Greece(1 October 1986)Hungary(1 January 2003)Iceland(1 November 2004)Ire

84、land(1 August 1992)Italy(1 December 1978)Latvia(1 July 2005)Liechtenstein(1 April 1980)Lithuania(1 December 2004)Luxembourg(7 October 1977)Malta(1 March 2007)Monaco(1 December 1991)Montenegro(1 October 2022)Netherlands3(7 October 1977)Republic of North Macedonia(1 January 2009)Norway(1 January 2008)

85、Poland(1 March 2004)Portugal(1 January 1992)Romania(1 March 2003)Serbia(1 October 2010)San Marino(1 July 2009)Slovak Republic(1 July 2002)Slovenia(1 December 2002)Spain(1 October 1986)Sweden(1 May 1978)Switzerland(7 October 1977)Trkiye(1 November 2000)United Kingdom4(7 October 1977)(total:39)7.Exten

86、sion to and validation in states not party to the EPC Currently it is possible to extend the European patent to one extension state and in four five validation states not party to the EPC.For further details,see A-III,12,and subsections.8.Unitary Patent protection After a European patent is granted,

87、the patent proprietor can file a request for unitary effect and obtain a Unitary Patent,i.e.a European patent with 1 The EPC does not apply to Greenland and the Faroe Islands.2 The EPC applies to the territory of the French Republic,including the overseas territories.3 The EPC is also applicable to

88、Sint Maarten,Curaao,Bonaire,Sint Eustatius and Saba,but not to Aruba.4 The EPC is also applicable to the Isle of Man.For further information on the registration of European patents(UK)in crown dependencies,UK overseas territories and Commonwealth countries,see OJ EPO 2018,A97.March 2024 Guidelines f

89、or Examination in the EPO General Part 9 unitary effect.For further details,including the territorial scope of a Unitary Patent,see epo.org/applying/european/unitary.html.Part A Guidelines for Formalities Examination March 2024 Guidelines for Examination in the EPO Part A Contents a Contents Chapter

90、 I Introduction I-1 1.Overview I-1 2.Responsibility for formalities examination I-1 3.Purpose of Part A I-1 4.Other parts relating to formalities I-1 Chapter II Filing of applications and examination on filing II-1 1.Where and how applications may be filed II-1 1.1 Filing of applications by delivery

91、 by hand or by postal services II-1 1.1 1.2 Filing of applications by means of electronic communication II-1 1.2.1 Filing of applications by fax II-1 1.1.1 1.2.2 Filing of applications in electronic form II-2 1.1.2 1.2.1 Filing of applications by fax II-3 1.2 1.1 Filing of applications by delivery b

92、y hand or by postal services II-3 1.3 Filing of applications by other means II-4 1.4 Subsequent filing of documents II-4 1.5 Debit orders for deposit accounts held with the EPO II-4 1.6 Forwarding of applications II-4 1.7 Application numbering systems II-5 1.7.1 Applications filed before 1 January 2

93、002 II-5 1.7.2 Applications filed on or after 1 January 2002 II-5 2.Persons entitled to file an application II-5 3.Procedure on filing II-6 3.1 Receipt;confirmation II-6 3.2 Filing with a competent national authority II-6 Part A Contents b Guidelines for Examination in the EPO March 2024 4.Examinati

94、on on filing II-7 4.1 Minimum requirements for according a date of filing II-7 4.1.1 Indication that a European patent is sought II-7 4.1.2 Information concerning the applicant II-8 4.1.3 Description II-8 4.1.3.1 Reference to a previously filed application II-8 4.1.4 Deficiencies II-10 4.1.5 Date of

95、 filing II-11 5.Late filing of missing drawings or missing parts of the description II-12 5.1 Late filing of missing drawings or missing parts of the description on invitation II-12 5.2 Late filing of missing drawings or missing parts of the description without invitation II-12 5.3 The filing date c

96、hanges II-12 5.4 Missing parts of the description or missing drawings based on the priority application,no change in filing date II-12 5.4.1 Late-filed missing parts when priority is claimed II-14 5.4.2 The missing parts of the description or missing drawings are completely contained in the priority

97、 application II-14 5.4.3 Copy of the priority application II-14 5.4.4 Translation of the priority application II-15 5.5 Withdrawal of late-filed missing drawings or missing parts of the description II-15 5.6 Additional fee for pages II-16 6.Correction of erroneously filed application documents or pa

98、rts II-16 6.1 Correction of erroneously filed application documents or parts on invitation II-16 6.2 Correction of erroneously filed application documents or parts without invitation II-16 6.3 The filing date changes II-17 6.4 Correct application documents based on priority application,no change in

99、the filing date II-17 6.4.1 Later-filed correct application documents or parts when priority is claimed II-18 6.4.2 Copy of the priority application II-19 6.4.3 Translation of the priority application II-19 March 2024 Guidelines for Examination in the EPO Part A Contents c 6.5 Withdrawal of correct

100、application documents or parts II-19 6.6 Same-day corrections II-19 6.7 Correct application documents or parts filed after the search has started II-19 6.8 Additional fee for pages II-19 6.9 Claims fee II-19 Chapter III Examination of formal requirements III-1 1.General III-1 1.1 Formal requirements

101、 III-1 1.2 Further checks III-1 2.Representation III-2 2.1 Requirements III-2 2.2 Non-compliance III-2 3.Physical requirements III-2 3.1 General remarks III-2 3.2 Documents making up the application,replacement documents,translations III-2 3.2.1 Physical requirements of applications filed by referen

102、ce to a previously filed application III-4 3.2.2 Physical requirements of late-filed application documents or correct application documents or parts III-4 3.3 Other documents III-4 4.Request for grant III-4 4.1 General remarks III-4 4.2 Examination of the request for grant form III-5 4.2.1 Informati

103、on on the applicant III-5 4.2.2 Signature III-5 4.2.3 Further requirements laid down by Rule 41(2)III-5 5.Designation of inventor III-6 5.1 General remarks III-6 5.2 Waiver of right to be mentioned as inventor III-6 Part A Contents d Guidelines for Examination in the EPO March 2024 5.3 Designation f

104、iled in a separate document III-6 5.4 Deficiencies III-7 5.5 Incorrect designation III-7 6.Claim to priority(see also F-VI)III-7 6.1 General remarks III-7 6.2 Applications giving rise to a right of priority III-9 6.3 Multiple priorities III-9 6.4 Examination of the priority document III-10 6.5 Decla

105、ration of priority III-10 6.5.1 Filing a new priority claim III-10 6.5.2 Correcting an existing priority claim III-11 6.5.3 Deficiencies in the priority claim and loss of the priority right III-11 6.6 Priority period III-12 6.7 Copy of the previous application(priority document)III-12 6.8 Translatio

106、n of the previous application III-14 6.8.1 Invitation to file the translation before examination III-14 6.8.2 Invitation to file the translation in examination/opposition III-15 6.8.3 Loss of rights and legal remedies III-16 6.8.4 Translation of previous application already filed III-16 6.8.5 Volunt

107、ary filing of the translation of the previous application III-17 6.8.6 Declaration replacing the translation III-17 6.9 Non-entitlement to right to priority III-17 6.10 Loss of right to priority III-18 6.11 Notification III-18 6.12 Copy of the search results for the priority or priorities III-18 7.T

108、itle of the invention III-20 7.1 Requirements III-20 7.2 Responsibility III-21 8.Prohibited matter III-21 8.1 Morality or ordre public III-21 March 2024 Guidelines for Examination in the EPO Part A Contents e 8.2 Disparaging statements III-21 9.Claims fee III-22 10.Abstract III-23 10.1 General remar

109、k III-23 10.2 Content of the abstract III-23 10.3 Figure accompanying the abstract III-23 11.Designation of contracting states III-24 11.1 General remarks III-24 11.2 European patent applications filed on or after 1 April 2009 III-24 11.2.1 Designation fee;time limits III-24 11.2.2 Payment of design

110、ation fee III-24 11.2.3 Consequences of non-payment of the designation fee III-24 11.2.4 Withdrawal of designation III-25 11.2.5 Euro-PCT applications entering the European phase III-25 11.3 European patent applications filed before 1 April 2009 III-26 11.3.1 Designation fee;time limits III-26 11.3.

111、2 Consequences of non-payment of designation fees III-26 11.3.3 Amount paid insufficient III-26 11.3.4 Application deemed withdrawn III-27 11.3.5 Request for grant form III-27 11.3.6 Indication of the contracting states III-27 11.3.7 Amount payable III-28 11.3.8 Withdrawal of designation III-28 11.3

112、.9 Euro-PCT applications entering the European phase before 1 April 2009 III-28 12.Extension and validation of European patent applications and patents to/in states not party to the EPC III-29 12.1 General remarks III-29 12.2 Time limit for payment of extension and validation fees III-31 12.3 Withdr

113、awal of the extension or validation request III-31 12.4 Extension and validation deemed requested III-31 12.5 National register III-32 Part A Contents f Guidelines for Examination in the EPO March 2024 13.Filing and search fees III-32 13.1 Payment of fees III-32 13.2 Additional fee(if application do

114、cuments comprise more than 35 pages)III-33 13.3 Additional fee for divisional applications III-38 14.Translation of the application III-38 15.Late filing of claims III-39 16.Correction of deficiencies III-40 16.1 Procedure for formalities officers III-40 16.2 Period allowed for remedying deficiencie

115、s III-40 Chapter IV Special provisions IV-1 1.European divisional applications(see also C-IX,1)IV-1 1.1 General remarks IV-1 1.1.1 Pendency of the earlier application IV-1 1.1.2 Sequences of divisional applications IV-3 1.1.3 Persons entitled to file a divisional application IV-3 1.2 Date of filing

116、of a divisional application;claiming priority IV-3 1.2.1 Date of filing IV-3 1.2.2 Priority claim of a divisional application IV-4 1.3 Filing a divisional application IV-5 1.3.1 Where and how to file a divisional application IV-5 1.3.2 Request for grant IV-5 1.3.3 Language requirements IV-6 1.3.4 De

117、signation of contracting states IV-6 1.3.5 Extension and validation states IV-6 1.4 Fees IV-6 1.4.1 Filing,search and designation fee(s)IV-6 1.4.1.1 Additional fee for divisional applications of second or subsequent generations IV-7 1.4.2 Claims fees IV-8 1.4.3 Renewal fees IV-8 1.5 Designation of t

118、he inventor IV-9 1.6 Authorisations IV-9 1.7 Other formalities examination IV-9 March 2024 Guidelines for Examination in the EPO Part A Contents g 1.8 Search,publication and request for examination of divisional applications IV-9 2.Art.61 applications and stay of proceedings under Rule 14 IV-10 2.1

119、General IV-10 2.2 Stay of proceedings for grant IV-10 2.2.1 Responsible department IV-11 2.2.2 Date of the stay of proceedings IV-11 2.2.3 Legal nature and effects of the stay IV-11 2.2.4 Interruption of time limits IV-12 2.2.5 Resumption of the proceedings for grant IV-13 2.2.5.1 Resumption after f

120、inal decision in entitlement proceedings IV-13 2.2.5.2 Resumption regardless of the stage of entitlement proceedings IV-13 2.3 Limitation of the option to withdraw the European patent application IV-13 2.4 Prosecution of the application by a third party IV-13 2.5 Filing a new application IV-13 2.6 R

121、efusal of the earlier application IV-14 2.7 Partial transfer of right by virtue of a final decision IV-14 3.Display at an exhibition IV-14 3.1 Certificate of exhibition;identification of invention IV-14 3.2 Defects in the certificate or the identification IV-15 4.Applications relating to biological

122、material IV-15 4.1 Biological material;deposit of such IV-15 4.1.1 New deposit of biological material IV-16 4.1.2 Application filed by reference to a previously filed application IV-17 4.2 Missing information;notification IV-17 4.3 Availability of deposited biological material to expert only IV-18 4

123、.4 Requests for samples of biological material IV-19 5.Applications relating to nucleotide and amino acid sequences IV-19 5.1 Sequence information filed under Rule 56 IV-21 Part A Contents h Guidelines for Examination in the EPO March 2024 5.2 Sequence information filed under Rule 56a IV-22 5.3 Sequ

124、ence listings of an application filed by reference to a previously filed application IV-22 5.4 Sequence listings of a divisional application IV-23 6.Conversion into a national application IV-24 Chapter V Communications concerning formal deficiencies;amendment of application;correction of errors V-1

125、1.Communications concerning formal deficiencies V-1 2.Amendment of application V-1 2.1 Filing of amendments V-1 2.2 Examination of amendments as to formalities V-1 3.Correction of errors in documents filed with the EPO V-2 Chapter VI Publication of application;request for examination and transmissio

126、n of the dossier to examining division VI-1 1.Publication of application VI-1 1.1 Date of publication VI-1 1.2 No publication;preventing publication VI-1 1.3 Content of the publication VI-2 1.4 Publication in electronic form only VI-3 1.5 Separate publication of the European search report VI-3 2.Req

127、uest for examination and transmission of the dossier to the examining division VI-4 2.1 Communication VI-4 2.2 Time limit for filing the request for examination VI-4 2.3 Legal remedy VI-5 2.4 Transmission of the dossier to the examining division VI-5 2.5 Refund of examination fee VI-6 March 2024 Gui

128、delines for Examination in the EPO Part A Contents i 2.6 Reduction in examination fee VI-7 3.Response to the search opinion VI-7 Chapter VII Languages VII-1 1.Admissible languages on filing VII-1 1.1 General VII-1 1.2 Filing by reference VII-1 1.3 European divisional applications;Art.61 applications

129、 VII-1 1.4 Invitation to file the translation VII-1 2.Language of the proceedings VII-1 3.Derogations from the language of the proceedings in written proceedings VII-2 3.1 Parties written submissions VII-2 3.2 Admissible non-EPO languages VII-2 3.3 Priority document VII-2 3.4 Documents filed as evid

130、ence VII-3 3.5 Third-party observations VII-3 4.Derogations from the language of the proceedings in oral proceedings VII-3 5.Documents filed in the wrong language VII-3 6.Languages of publication VII-4 7.Correction and certification of the translation VII-4 8.Authentic text of the application or pat

131、ent VII-4 Chapter VIII Common provisions VIII-1 1.Representation VIII-1 1.1 General principles VIII-1 1.2 Representation by a professional representative;list of professional representatives;associations VIII-1 1.3 Representation by an employee VIII-2 Part A Contents j Guidelines for Examination in

132、the EPO March 2024 1.4 Common representative VIII-2 1.5 Representation by a legal practitioner VIII-2 1.6 Signed authorisation VIII-3 1.7 General authorisation VIII-4 1.8 Invitation to file authorisation and legal consequence in case of non-compliance VIII-4 2.Form of documents VIII-5 2.1 Documents

133、making up the European patent application VIII-5 2.2 Replacement documents and translations VIII-5 2.3 Other documents VIII-5 2.4 Number of copies VIII-5 2.5 Filing of subsequent documents VIII-6 3.Signature of documents VIII-6 3.1 Documents filed after filing the European patent application VIII-6

134、3.2 Documents forming part of the European patent application VIII-7 3.3 Form of signature VIII-8 3.4 Joint applicants VIII-9 Chapter IX Drawings IX-1 1.Graphic forms of presentation considered as drawings IX-1 1.1 Technical drawings IX-1 1.2 Photographs IX-1 2.Representation of drawings IX-1 2.1 Gr

135、ouping of drawings IX-1 2.2 Reproducibility of drawings IX-2 2.3 Figure accompanying the abstract IX-2 March 2024 Guidelines for Examination in the EPO Part A Contents k 3.Conditions if drawings are filed on paper regarding the paper used IX-2 4.Presentation of the sheets of drawings IX-2 4.1 Usable

136、 surface area of sheets IX-2 4.2 Numbering of sheets of drawings IX-3 5.General layout of drawings IX-3 5.1 Page-setting IX-3 5.2 Numbering of figures IX-3 5.3 Whole figure IX-4 6.Prohibited matter IX-4 7.Executing of drawings IX-4 7.1 Drawings of lines and strokes IX-4 7.2 Shading IX-5 7.3 Cross-se

137、ctions IX-5 7.3.1 Sectional diagrams IX-5 7.3.2 Hatching IX-5 7.4 Scale of drawings IX-5 7.5 Numbers,letters and reference signs IX-5 7.5.1 Leading lines IX-6 7.5.2 Arrows IX-6 7.5.3 Height of the numbers and letters in the drawings IX-6 7.5.4 Consistent use of reference signs in description,claims

138、and drawings IX-6 7.5.5 Consistent use of reference signs in drawings IX-7 7.6 Variations in proportions IX-7 8.Text matter on drawings IX-7 9.Conventional symbols IX-8 10.Amendments to drawings IX-8 11.Graphic forms of presentation not considered as drawings IX-9 11.1 Chemical and mathematical form

139、ulae IX-9 11.2 Tables IX-9 11.2.1 Tables in the description IX-9 Part A Contents l Guidelines for Examination in the EPO March 2024 11.2.2 Tables in the claims IX-9 Chapter X Fees X-1 1.General X-1 2.Methods of payment X-1 3.Currencies X-2 4.Date considered as date on which payment is made X-2 4.1 P

140、ayment or transfer to a bank account held by the European Patent Organisation X-2 4.2 Deposit accounts with the EPO X-2 4.2.1 General remarks X-2 4.2.2 Payments to replenish a deposit account X-2 4.2.3 Debiting the deposit account X-3 4.2.4 Date of receipt of the debit order;insufficient funds X-5 4

141、.3 Automatic debiting procedure X-5 4.4 Payment by credit card X-6 5.Due date for fees X-6 5.1 General X-6 5.1.1 Due date X-6 5.1.2 Amount of the fee X-6 5.2 Due date for specific fees X-7 5.2.1 Filing fee and search fee X-7 5.2.2 Examination fee and designation fee X-7 5.2.3 Fee for grant and publi

142、shing X-7 5.2.4 Renewal fees X-7 5.2.5 Claims fees X-11 5.2.6 Fees for limitation/revocation,opposition,appeal,petition for review X-11 5.2.7 Fees payable for procedural and other requests X-11 6.Payment in due time X-11 6.1 Basic principle X-11 6.2 Late payment of fees period for payment considered

143、 observed X-11 6.2.1 Fees paid by bank transfer application of Art.7(3)and(4)RFees X-11 6.2.2 Safety provision for late replenishment of deposit accounts X-12 6.2.3 Debit orders filed with a competent national authority X-12 March 2024 Guidelines for Examination in the EPO Part A Contents m 6.2.4 Am

144、ount of fee payable X-12 6.2.5 Noting of loss of rights X-12 7.Purpose of payment X-13 7.1 General X-13 7.1.1 Conditions for valid payment X-13 7.1.2 Purpose of payment X-13 7.2 Indication of the purpose of the payment in the case of designation fees X-14 7.3 Indication of the purpose of payment in

145、the case of claims fees X-14 7.3.1 Claims fees payable on filing the European patent application X-14 7.3.2 Claims fees payable before the grant of the European patent X-15 8.No deferred payment of fees,no legal aid,no discretion X-15 9.Reduction of fees X-15 9.1 General X-15 9.2 Reduction under the

146、 language arrangements X-15 9.2.1 Conditions X-15 9.2.2 Reduction of the filing fee X-17 9.2.3 Reduction of the examination fee X-18 9.3 Special reductions X-18 9.3.1 Reduction of the search fee for a supplementary European search X-18 9.3.2 Reduction of the examination fee where the international p

147、reliminary examination report is drawn up by the EPO X-19 10.Refund of fees X-19 10.1 General remarks X-19 10.1.1 Fee payments lacking a legal basis X-19 10.1.2 Late payments X-20 10.1.3 Insignificant amounts X-20 10.2 Special refunds X-20 10.2.1 Refund of the search fee X-20 10.2.2 Refund of the fu

148、rther search fee X-20 10.2.3 Refund of the examination fee X-21 10.2.4 Refund under Rule 37(2)X-21 10.2.5 Refund of the fee for grant and publishing X-21 10.2.6 Refund of the appeal fee X-21 Part A Contents n Guidelines for Examination in the EPO March 2024 10.3 Method of refund X-21 10.3.1 Refunds

149、to a deposit account X-21 10.3.2 Refunds to a bank account X-22 10.4 Reallocation instead of refund X-23 11.Crediting of fees under Rule 71a(5)X-23 11.1 Crediting of the fee for grant and publishing X-23 11.2 Crediting of claims fees X-23 11.3 Separate crediting of the fee for grant and publishing a

150、nd claims fees X-24 11.4 Further processing fee and crediting of fees X-24 Chapter XI Inspection of files;communication of information contained in files;consultation of the European Patent Register;issue of certified copies XI-1 1.General XI-1 2.Inspection of files XI-1 2.1 Documents open to file i

151、nspection XI-1 2.2 Conducting file inspections XI-2 2.3 Restrictions to file inspection XI-2 2.4 Confidentiality of the request XI-3 2.5 File inspection before publication of the application XI-3 2.6 Publication of bibliographic data before publication of the application XI-4 3.Communication of info

152、rmation contained in the files XI-4 4.Consultation of the European Patent Register XI-5 5.Issue of certified copies XI-5 5.1 Certified copies of documents from the files or of other documents XI-5 5.2 Priority documents issued by the EPO XI-5 March 2024 Guidelines for Examination in the EPO Part A C

153、hapter I-1 Chapter I Introduction 1.Overview Part A of the Guidelines deals with:(i)the requirements and procedures to be followed in the various aspects of the formalities examination of European patent applications(chapters A-II to VI)(ii)formalities matters of a more general nature that can arise

154、 during the application procedure or post-grant stage(chapters A-VII and VIII)(iii)the presentation and execution of drawings and figurative representations accompanying a European patent application(chapter A-IX)(iv)fee matters(chapter A-X)(v)inspection of files,communication of information contain

155、ed in files,consultation of the European Patent Register and issue of certified copies(chapter A-XI).2.Responsibility for formalities examination The matters covered in this part are intended for EPO formalities staff at all sites(The Hague,Munich and Berlin)and in particular for the Receiving Secti

156、on,which is specifically responsible under the EPC for ensuring that the formal requirements for European patent applications are met.Once an application is transferred to the examining division,the latter accepts responsibility for the formalities of the application,although it should be understood

157、 that the term examining division is intended to include the formalities officer to whom this work is entrusted(see the decisions of the President of the EPO dated 12 December 2013,OJ EPO 2014,A6,23 November 2015,OJ EPO 2015,A104,and 14 June 2020,OJ EPO 2020,A80).3.Purpose of Part A This part of the

158、 Guidelines is intended to provide formalities officers with the knowledge and background to help them carry out their duties efficiently and uniformly.It does not override the EPC(see,in particular,section 3 of the General Part).4.Other parts relating to formalities Formalities officers should not

159、concern themselves with only Part A of the Guidelines.They will need to refer frequently to the other parts and in particular Part E,where appropriate.Rule 10 Rule 11(3)March 2024 Guidelines for Examination in the EPO Part A Chapter II-1 Chapter II Filing of applications and examination on filing 1.

160、Where and how applications may be filed European patent applications must be filed in writing.They may be filed by means of electronic communication(see A-II,1.1)or by delivery by hand or,by postal services(see A-II,1.1)or by means of electronic communication(see A-II,1.2).1.1 Filing of applications

161、 by delivery by hand or by postal services European patent applications may be filed by delivery by hand or by postal services at the EPOs filing offices in Munich,The Hague or Berlin.The EPOs sub-office in Vienna is not a filing office,nor is the Brussels Bureau.The opening hours of the EPOs filing

162、 offices are published in the notice from the EPO dated 14 February 2018,OJ EPO 2018,A18.Dates on which at least one of the filing offices is not open to receive documents are announced at regular intervals in the EPO Official Journal(see also E-VIII,1.4).The filing offices may remain open during pu

163、blic holidays observed in the contracting states in which they are located.Since mail is not delivered on these days(see also E-VIII,1.4),applications may be filed by delivery by hand or using other permitted means of filing(see A-II,1.2;A-II,1.3).The EPO filing offices in Berlin and Munich(PschorrH

164、fe building only,see the decision of the President of the EPO dated 3 January 2017,OJ EPO 2017,A11)are equipped with automated mailboxes,which may be used at any time.The automated mailbox facility is currently not available at the filing offices at Munichs Isar building and The Hague.Outside office

165、 hours documents may be handed in to the porter.European patent applications(with the exception of divisional applications,see A-IV,1.3.1,and applications according to Art.61(1)(b),see A-IV,2.5)may also be filed at the central industrial property office or other competent authority of a contracting

166、state if permitted by that states national law(see A-II,1.6).1.1 1.2 Filing of applications by means of electronic communication 1.2.1 Filing of applications by fax Applications may also be filed by fax with the EPOs filing offices or with the competent national authorities of contracting states tha

167、t permit this,namely at present Austria(AT),Bulgaria(BG),Czech Republic(CZ),Estonia(EE),Finland(FI),France(FR),Germany(DE),Iceland(IS),Ireland(IE),Luxembourg(LU),Monaco(MC),Norway(NO),Portugal(PT),Slovenia(SI),Spain(ES),Sweden(SE)and United Kingdom(GB).For further details,see the latest version of t

168、he booklet National law relating to the EPC.Rule 1 Rule 2(1)Art.75(1)Rule 35(1)Part A Chapter II-2 Guidelines for Examination in the EPO March 2024 If a faxed application is illegible or incomplete,it is to be treated as not having been received to the extent that it is illegible or that the attempt

169、ed transmission failed,and the sender must be notified as soon as possible(see the decision of the President of the EPO dated 20 February 2019,OJ EPO 2019,A18).If a European patent application is filed by fax,a written confirmation is required only where the documents are of inferior quality.In this

170、 case,the EPO will invite the applicant to supply such documents within two months(Rule 2(1).If the applicant fails to comply with this invitation in due time,the European patent application will be refused.To prevent duplication of files,applicants are asked to indicate on the paper version of the

171、application documents the application number or fax date and the name of the authority with which the documents were filed and to make it clear that these documents represent confirmation of an application filed by fax.1.1.1 1.2.2 Filing of applications in electronic form European patent application

172、s and international(PCT)applications may also be filed electronically with the EPO in electronically form(see the decision of the President of the EPO dated 14 May 2021,OJ EPO 2021,3 May 2023,OJ EPO 2023,A48)using either(i)EPO Online Filing(OLF),by packaging and submitting the documents using the so

173、ftware provided by the EPO(see the decision of the President of the EPO dated 8 July 2022,OJ EPO 2022,A70 24 November 2023 concerning the version of the EPO Online Filing software to the used for the electronic filing of documents,OJ EPO 2023,A96)unless the use of other software is permitted.Filings

174、 using OLF may be made online or on electronic data carriers accepted by the EPO.At present,they are CD-R discs conforming to the ISO 9660 standard and DVD-R or DVD+R discs(see the decision of the President of the EPO dated 14 May 2021,OJ EPO 2021,A42 3 May 2023,OJ EPO 2023,A48)(ii)Online Filing 2.0

175、 or(iii)the EPO web-form filing service.or(iv)the EPO Contingency Upload Service.Other documents may also be filed electronically in proceedings under the EPC(see the decision of the President of the EPO dated 14 May 2021,OJ EPO 2021,A42 3 May 2023,OJ EPO 2023,A48).Certain procedural acts may be fil

176、ed electronically using the MyEPO Portfolio service(see the decision of the President of the EPO dated 11 May 2022,OJ EPO 2022,A51 9 October 2023,OJ EPO 2023,A89,the notice from the EPO dated 9 October 2023,OJ EPO 2023,A90,and the notice from the EPO dated 11 May 2022,OJ EPO 2022,A52 3 May 2023,OJ E

177、PO 2023,A50).Currently,only those documents specified in the above decision or in an announcement on the EPO website or in the EPO Official Journal may be filed using this service.March 2024 Guidelines for Examination in the EPO Part A Chapter II-3 European patent applications may also be filed in e

178、lectronic form electronically with the competent national authorities of those contracting states that permit this.1.1.2 1.2.1 Filing of applications by fax Applications may also be filed by fax with the EPOs filing offices in Munich,The Hague or Berlin(see A-II,1.2)or with the competent national au

179、thorities of contracting states that permit this,namely at present Austria(AT),Bulgaria(BG),Czech Republic(CZ),Estonia(EE),Finland(FI),France(FR),Germany(DE),Iceland(IS),Ireland(IE),Luxembourg(LU),Monaco(MC),Norway(NO),Portugal(PT),Slovenia(SI),Sweden(SE)and United Kingdom(GB).For further details,se

180、e the latest version of the booklet National law relating to the EPC available on the EPO website(epo.org).If a faxed application is illegible or incomplete,it is to be treated as not having been received to the extent that it is illegible or that the attempted transmission failed,and the sender mus

181、t be notified as soon as possible(see the decision of the President of the EPO dated 20 February 2019,OJ EPO 2019,A18).If a European patent application is filed by fax,a written confirmation is required only where the documents are of inferior quality.In this case,the EPO will invite the applicant t

182、o supply such documents within two months(Rule 2(1).If the applicant fails to comply with this invitation in due time,the European patent application will be refused.To prevent duplication of files,applicants are asked to indicate on the paper version of the application documents the application num

183、ber or fax date and the name of the authority with which the documents were filed and to make it clear that these documents represent confirmation of an application filed by fax.1.2 1.1 Filing of applications by delivery by hand or by postal services European patent applications may be filed by deli

184、very by hand or by postal services at the EPOs filing offices in Munich,The Hague or Berlin.The EPOs sub-office in Vienna is not a filing office,nor is the Brussels Bureau.The opening hours of the EPOs filing offices are published in the notice from the EPO dated 14 February 2018,OJ EPO 2018,A18.Dat

185、es on which at least one of the filing offices is not open to receive documents are announced at regular intervals in the EPO Official Journal(see also E-VIII,1.4).The filing offices may remain open during public holidays observed in the contracting states in which they are located.Since mail is not

186、 delivered on these days(see also E-VIII,1.4),applications may be filed by delivery by hand or using other permitted means of filing(see A-II,1.1;A-II,1.3).The EPO filing offices in Berlin and Munichs PschorrHfe building(see the decision of the President of the EPO dated 3 January 2017,OJ EPO 2017,A

187、11)are equipped with automated mailboxes,which may be used at any time.The automated mailbox facility is currently not available at the filing Art.75(1)Rule 35(1)Part A Chapter II-4 Guidelines for Examination in the EPO March 2024 offices in Munichs Isar building and The Hague.Outside office hours d

188、ocuments may be handed in to the porter.European patent applications(with the exception of divisional applications,see A-IV,1.3.1,and applications according to Art.61(1)(b),see A-IV,2.5)may also be filed at the central industrial property office or other competent authority of a contracting state if

189、 permitted by that states national law(see A-II,1.6).First filings may need to be filed at national offices(see A-II,3.2 and the booklet National law relating to the EPC on epo.org).1.3 Filing of applications by other means The filing of European patent applications by other means such as email is a

190、t present not allowed(see also the notice from the EPO dated 12 September 2000,OJ EPO 2000,458).1.4 Subsequent filing of documents For the subsequent filing of documents,see A-VIII,2.5.1.5 Debit orders for deposit accounts held with the EPO For European patent applications,debit orders for the fees

191、due must be filed in an accepted electronic format(see A-X,4.2.3),irrespective of how the application itself is filed.If an application is filed with a competent national authority(Art.75(1)(b)on paper,a paper debit order on mandatory Form 1020 for the fees intended to be paid is accepted by way of

192、exception if it is included with that application on filing(see the Arrangements for deposit accounts(ADA),Supplementary publication 3,OJ EPO 2022,Supplementary publication 3,OJ EPO 2023,10,and the decision of the President of the EPO dated 13 June 2023,OJ EPO 2023,A58).Paper Form 1020 is not accept

193、ed if filed direct with the EPO.1.6 Forwarding of applications The central industrial property office of a contracting state is obliged to forward applications filed(see A-II,3.2)with it or with other competent authorities in that state to the EPO in the shortest time compatible with its national la

194、w on the secrecy of inventions(for debit order enclosures,see A-II,1.5).A time limit of six weeks after filing is specified for the onward transmission to the EPO of applications not classified as secret.This is extended to four months or,where priority has been claimed,to 14 months after the date o

195、f priority,for applications requiring further examination as to their classification as secret.An application received outside the specified time limits,either six weeks or four months,must be processed,provided it is received in Munich,The Hague or Berlin before the end of the 14th month after fili

196、ng or,where appropriate,after the date of priority.Applications received after 14 months are deemed withdrawn.Re-establishment of rights and further processing in respect of the period under Rule 37(2)are not possible,since the loss of rights does not result from the applicants failure to observe a

197、time limit(see J 3/80).However,the applicant may file a request for conversion under Art.135(1)(a)(see A-IV,6).Point 7.1.2 ADA Point 12.1 ADA Art.77(1)Rule 37(1)Art.77(3)Rule 37(2)Art.135(1)(a)March 2024 Guidelines for Examination in the EPO Part A Chapter II-5 If the time limit referred to in Rule

198、37(2)expires on a day on which the delivery or transmission of mail is interrupted or subsequently dislocated within the meaning of Rule 134(2),it will extend to the first day following the end of the period of interruption or dislocation.1.7 Application numbering systems 1.7.1 Applications filed be

199、fore 1 January 2002 For applications filed before 1 January 2002,the following numbering system applies:The application number consists of nine digits.The first two digits(from left to right)indicate the filing year.The last(ninth)digit is a check digit.The third digit or third and fourth digits ind

200、icate(s)the place of filing.The remaining digits are used for consecutively numbering the applications in the order in which they arrive at the place of filing.International applications filed under the Patent Cooperation Treaty(PCT)and designating EP(Euro-PCT applications)receive the digit 7,8 or 9

201、 as the third digit.1.7.2 Applications filed on or after 1 January 2002 For applications filed on or after 1 January 2002,the following numbering system applies:The application number consists of nine digits.The first two digits(from left to right)indicate the filing year.The last digit is a check d

202、igit.The remaining six digits in between are used for consecutively numbering the applications in the order in which they arrive at the place of filing,starting from the lowest number within a specific range of six-digit numbers.The specific range reflects the place of filing.Where applicable,the ra

203、nge is subdivided into two ranges to distinguish between online and paper filings.For international applications designating EP(Euro-PCT applications),the dedicated range for the six-digit number within the application number uses 7,8 or 9 as the third digit and does not reflect the place or method

204、of filing.A list of the number ranges introduced in 2002,along with,where appropriate,the corresponding places of filing,is published in OJ EPO 2001,465.2.Persons entitled to file an application A European patent application may be filed by any natural or legal person,or any body equivalent to a leg

205、al person by virtue of the law governing it.For the purposes of proceedings before the EPO,the applicant will be deemed to be entitled to exercise the right to the European patent.The application may be in the name of one person or several persons may be named as joint applicants.The application may

206、 also be filed by two or Rule 134(2)Art.58 Art.60(3)Art.59 Art.118 Part A Chapter II-6 Guidelines for Examination in the EPO March 2024 more applicants designating different contracting states.It may arise that a first applicant designates one group of contracting states and a second designates a di

207、fferent group of contracting states,while both applicants jointly designate a third group of contracting states.If the applicants for a patent are not the same for different contracting states they will be regarded as joint applicants in proceedings before the EPO(see A-III,4.2.1 and 11.1 on when an

208、d under what circumstances the matter dealt with in this paragraph must be considered during formalities examination).If a national court finds that a person other than the applicant is entitled to the grant of a European patent that person has the option of prosecuting the application as their own

209、application in place of the applicant(see A-IV,2).3.Procedure on filing 3.1 Receipt;confirmation The receipt of European patent applications filed online via EPO Online Filing,Online Filing 2.0 or the EPO web-form filing service is acknowledged electronically during the following submission session.

210、Where it becomes apparent that the acknowledgments transmission failed,the authority with which the application was filed promptly transmits the acknowledgment by other means where possible on the basis of the information supplied(see Art.13 of the decision of the President of the EPO dated 14 May 2

211、021,OJ EPO 2021,A42 3 May 2023,OJ EPO 2023,A48).The receipt of European patent applications filed using the EPO Contingency Upload Service is confirmed electronically by the EPO in the service itself.An acknowledgment of receipt indicating the application number assigned is sent separately in accord

212、ance with the provisions governing the filing of documents on paper(see following paragraph).The acknowledgement of receipt of European patent applications filed on paper(usually the last page of EPO Form 1001)is issued by the authority with which the application is filed either the EPO(Munich,The H

213、ague or Berlin)or the competent national authority.The receipt must be issued without delay and include the application number and the date of receipt.3.2 Filing with a competent national authority If the application is filed with a competent national authority,that authority must inform the EPO wit

214、hout delay of receipt of the documents making up the application and indicate the nature and date of receipt of the documents,the application number and any priority date claimed.It is recommended that the authority should also indicate the applicants or representatives reference number,where provid

215、ed.In practice,the EPO receives the above information when the actual application is forwarded to it unless national security checks by the national authority delay the forwarding of the application,in which case a separate notice is sent by that authority to the EPO.When the EPO receives an applica

216、tion forwarded by the national authority of a contracting state,it notifies the applicant,indicating the date of receipt Art.61(1)Rule 35(2)Rule 35(3)Rule 35(4)March 2024 Guidelines for Examination in the EPO Part A Chapter II-7 at the EPO.Once this communication has been received,all further docume

217、nts relating to the application must be sent direct to the EPO.Where an application is not received by the EPO from the national authority of a contracting state before the end of the 14th month after filing or,if priority has been claimed,after the date of priority and is consequently deemed withdr

218、awn(see A-II,1.6),the applicant must be notified accordingly;all fees must be refunded,including any fees paid in advance of their due date.4.Examination on filing 4.1 Minimum requirements for according a date of filing The EPO examines applications to determine whether they meet the minimum require

219、ments for according a date of filing.This is done by the Receiving Section.These requirements are satisfied where the documents filed contain:(a)an indication that a European patent is sought(b)information identifying the applicant or allowing the applicant to be contacted(c)a description or referen

220、ce to a single previously filed application.It is not necessary for the applicant to provide any claims to obtain a filing date.If the application is filed without claims but satisfies all requirements for obtaining a filing date,the applicant will be requested to provide at least one claim later ac

221、cording to Rules 57(c)and 58(see A-III,15).Where the description is filed by reference to a previously filed application(see A-II,4.1.3.1),the reference must contain the following information for the application to qualify for a filing date according to Rule 40(2):(i)the filing date of the previousl

222、y filed application(ii)its file number(iii)the office where it was filed(iv)an indication that this reference replaces the description and any drawings.To be accorded a filing date,these documents do not have to meet any particular requirements as to form or presentation.They must,however,be suffici

223、ently legible to enable the information to be discerned.4.1.1 Indication that a European patent is sought Applicants must use Use of the prescribed request for grant form(EPO Form 1001),which is available in the EPO Online Filing and Online Filing 2.0s online filing tools(see A-II,1.1.1 A-II,1.2.2)o

224、r can be downloaded free of charge from the EPO website(epo.org),to meet the requirement Art.77(3)Rule 37(2)Rule 112(1)Art.90(1)Rule 10(1)Rule 40(1)(a)Rule 40(1)(b)Rule 40(1)(c)Rule 1 Part A Chapter II-8 Guidelines for Examination in the EPO March 2024 referred to in A-II,4.1(a)to provide the indica

225、tion that a patent is sought(see also A-III,4).4.1.2 Information concerning the applicant For the purposes of establishing a filing date,information must be supplied which:(i)identifies the applicant or(ii)allows the applicant to be contacted.If there are multiple applicants,the above information ha

226、s to be supplied for only one of them.Any kind of information that allows the applicant to be contacted will be considered to fulfil requirement(ii),for example:(a)the name and address of the applicants representative(b)a PO box number(c)a phone number.If the information supplied is sufficient to es

227、tablish a filing date but not for the EPO to establish whether or not the applicant requires a representative according to Art.133(2),the procedure outlined in A-III,16 will be followed.In deciding whether the applicant information supplied satisfies the requirements for establishing a filing date,t

228、he EPO will take into account all data contained in the documents filed(see J 25/86).Objection should not be raised at this stage with regard to the status of the applicant or the entitlement to apply,or where,in the case of joint applicants,there is doubt as to the contracting states designated by

229、the individual applicants.4.1.3 Description The contents of the description do not require close scrutiny it is sufficient to identify a document(or documents)that appear(s)to include a description.If,instead of filing a description,the applicant files a reference to a previously filed application,s

230、ee A-II,4.1.3.1.4.1.3.1 Reference to a previously filed application Instead of application documents,the applicant can file a reference to a previously filed application under Rule 40(1)(c).The previously filed application referenced does not need to be claimed as priority.Details required on the fi

231、ling date Under Rule 40(2),to qualify for a filing date,the applicant must indicate the following details on the filing date:(i)the filing date of the previously filed application(ii)its file number Rule 40(2)March 2024 Guidelines for Examination in the EPO Part A Chapter II-9(iii)the office where i

232、t was filed(iv)an indication that this reference replaces the description and any drawings.The previously filed application referenced may also be an application for a utility model.Copy of the previously filed application The applicant must supply a copy of the previously filed application certifie

233、d as correct by the authority with which it was filed within two months of the filing date(Rule 40(3).However,according to Rule 40(3),last sentence,this requirement is dispensed with where the previously filed application is already available to the EPO under the conditions specified by the Presiden

234、t.According to the notice from the EPO dated 14 September 2009,OJ EPO 2009,486,a certified copy does not need to be filed where the previously filed application is a Euro-direct application or an international one filed with the EPO as receiving Office under the PCT.In all other cases,a certified co

235、py of the previously filed application referenced must be filed within the time limit under Rule 40(3).Where the previously filed application referenced is the claimed priority application,only one certified copy needs to be filed to satisfy the requirements relating to both the filing date(Rule 40(

236、3)and the priority claim(Rule 53(1),see A-III,6.7).For divisional applications filed by reference,see A-IV,1.3.1.Translation of the previously filed application If the previously filed application is not in an official EPO language,the applicant must also file a translation into one such language wi

237、thin two months of the filing date(Rule 40(3).If the translation of the previously filed application is already available to the EPO,a copy of it will be included in the file free of charge and the applicant will not need to file it(Rule 40(3).Note that where the previously filed application is in a

238、n official language of an EPC contracting state according to Art.14(4),the application may qualify for a reduction of the filing fee,provided that the applicant is entitled to a reduction according to Rule 6(3)in conjunction with Rule 6(4)to(7)(see A-X,9.2.1 and 9.2.2).The reduction applies even in

239、cases where the description is filed by reference to a previously filed application according to Rule 40(1)(c),where the previously filed application is in a language specified in Art.14(4)but the claims are filed after the filing date in accordance with Rule 57(c)and Rule 58 and in an official EPO

240、language.This is because the essential element for establishing a filing date(the provision of a description,see Rule 40(1)(c)has been provided in a language giving rise to the entitlement to the reduction(see G 6/91,mutatis mutandis).Rule 40(3)Rule 53(2)Rule 40(3)Part A Chapter II-10 Guidelines for

241、 Examination in the EPO March 2024 The claims Applicants can also indicate that the reference to the previously filed application should also replace the claims(Rule 57(c).This must be done on the filing date,preferably by selecting the appropriate box on the request for grant(EPO Form 1001).In that

242、 case,the previously filed applications claims will form the basis for the search and,as they satisfy the requirement of Rule 57(c),the applicant will not be invited to file claims later.If applicants do not refer to the previously filed applications claims but only to the description and any drawin

243、gs,they may file a set of claims at the same time as the reference(i.e.on the filing date).If they do not do so,the Receiving Section will invite them under Rule 58 to file claims(see A-III,15).4.1.4 Deficiencies If the EPO(Receiving Section)notes either of the following deficiencies:Rule 40(1)(a)no

244、 indication that a European patent is sought or Rule 40(1)(c)no description or reference to a previously filed application,either of which prevents the application being accorded a filing date,it communicates this to the applicants and invites them to remedy the deficiency within a non-extendable pe

245、riod of two months from notification of a communication under Rule 55.If the requirements of Rule 40(1)(a)or Rule 40(1)(c),as applicable,are not met at the end of this period,the application will not be dealt with as a European patent application.The EPO will notify the applicant accordingly under R

246、ule 112(1).In reply,the applicant may file a request for a decision under Rule 112(2)(see E-VIII,1.9.3)or request re-establishment of rights under Art.122 and Rule 136(see E-VIII,3).If none of the available means of redress is filed on time,any fees paid are refunded.If the applicant wishes to pursu

247、e a European patent application,all documents relating to the purported application will have to be re-filed.Any such re-filed application will be accorded as the filing date the date on which all the requirements of Rule 40 are fulfilled.Deficiency under Rule 40(1)(b)If the information on the appli

248、cants is missing or does not enable the EPO to contact them(Rule 40(1)(b),a communication concerning the deficiency cannot be sent.The European patent application will not come into existence unless the applicants correct this deficiency on their own initiative within two months of the date of recei

249、pt of the original documents.In this case,the filing date is the date on which all the requirements of Rule 40 are met.Art.90(1)and(2)Rule 55 Rule 112(1)March 2024 Guidelines for Examination in the EPO Part A Chapter II-11 Filing by reference to a previously filed application Where the application i

250、s filed by reference to a previously filed application and the EPO(Receiving Section)notes that any of the following information is missing:(i)the filing date of the previously filed application(ii)its file number(iii)the office where it was filed(iv)an indication that this reference replaces the de

251、scription and any drawings then it proceeds as above and invites the applicant to remedy the deficiency within a two-month time limit(Rule 55).If the applicant does not remedy the deficiencies in due time,the application is not treated as a European patent application.If the applicant does not provi

252、de the certified copy of the previously filed application within two months of filing the application(Rule 40(3)and it is not already available to the EPO(see A-II,4.1.3.1),then a communication according to Rule 55 will be sent to the applicant requesting that the certified copy be filed within a no

253、n-extendable period of two months.If the applicant does not provide the certified copy in due time,the application is not treated as a European patent application.Where a translation of the application is required but is not provided within the above time limit,the procedure given in A-III,14 is fol

254、lowed.The filing date is unaffected by a missing translation.4.1.5 Date of filing The filing date accorded to the application is the date the application meets the requirements of Rule 40 and is either:(i)the date of receipt at the EPO or competent national authority or(ii)the date,not later than th

255、e two-month period referred to in Rule 55,on which the applicant rectifies any deficiencies.The applicant is informed of the filing date accorded to the application in this case.Case(ii)is subject to one exception.Where the application is filed by reference to a previously filed application and the

256、applicants fail to file the certified copy of the previously filed application within two months of the filing date as required by Rule 40(3),an invitation is sent to them to file it within two months of a communication according to Rule 55.If they file the certified copy within this two-month perio

257、d,the application maintains its original filing date,provided that all other requirements for acquiring a filing date have been met.The filing date may also change in cases where the applicant inserts missing parts of the description or missing drawings under Rule 56 Part A Chapter II-12 Guidelines

258、for Examination in the EPO March 2024(see A-II,5)or corrects erroneously filed parts under Rule 56a(see A-II,6)after the filing date.5.Late filing of missing drawings or missing parts of the description 5.1 Late filing of missing drawings or missing parts of the description on invitation The applica

259、tion is examined on filing to check that it is entitled to a filing date.If,during this check,the EPO notes that parts of the description or drawings appear to be missing,it will invite the applicant to file the missing parts within a time limit of two months of a communication under Rule 56(1)and R

260、ule 56a(1)(see A-II,6).During this time limit,the applicant may proceed under Rule 56 or Rule 56a.If the applicant does not reply to this communication in time,then all references to the missing parts are deemed deleted.It should be noted that the applicant may not invoke the omission of the communi

261、cation under Rule 56(1)and Rule 56a(1).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 on their own initiative(without being invited to do so by the EPO)within two months of the o

262、riginal filing date.If the applicant does not do so within this period,all references to the missing parts are deemed deleted.If the applicant is invited by the EPO to file the missing parts,the period under Rule 56(1)takes precedence(see A-II,5.1).If,within two months of the original filing date,ap

263、plicants notice that parts of the description or drawings are missing in the application as originally filed,they should,on their own initiative,file the missing parts or missing drawings as soon as possible under Rule 56(2)because,in the absence of a communication from the EPO sent under Rule 56(1)

264、and 56a(1),the possibility for applicants to file any missing or correct parts ends two months after the original filing date.Further processing is ruled out for the time limits referred to in Rule 56(Rule 135(2).5.3 The filing date changes If the applicant files missing parts of the description or

265、missing drawings in accordance with the procedure specified in A-II,5.1 or 5.2,then the filing date changes to the date on which the missing parts are received at the EPO.The applicant is informed of the new filing date.This is subject to the exception explained in A-II,5.4.A drawing means a single

266、numbered figure.Only whole figures are accepted according to Rule 56,even where only a part of the original figure was missing.5.4 Missing parts of the description or missing drawings based on the priority application,no change in filing date If the applicant files missing parts of the description o

267、r missing drawings after the filing date in accordance with the procedure specified in A-II,5.1 or Art.90(1)Rule 56(1)Rule 56(4)(a)Rule 56a(1)Rule 56(2)Rule 56(4)(a)Rule 135(2)Rule 56(2)Rule 56(3)March 2024 Guidelines for Examination in the EPO Part A Chapter II-13 5.2,the filing date does not chang

268、e,provided that all of the following criteria are satisfied:(i)the missing parts are filed within the applicable time limit*(ii)the application claims priority on the date on which the requirements laid down in Rule 40(1)were fulfilled(see A-II,4.1 and A-II,5.4.1)(iii)the applicant requests that the

269、 late-filed missing parts be based on the claimed priority in order to avoid a change in the filing date(see A-II,5.4.1),and does so within the applicable time limit*(iv)the late-filed missing parts of the description or missing drawings are completely contained in the priority application(see A-II,

270、5.4.2)(v)the applicant files a copy of the priority application within the applicable time limit*unless such a copy is already available to the EPO under Rule 53(2)(see A-II,5.4.3)(vi)where the priority application is not in an official EPO language,the applicant files a translation into one such la

271、nguage within the applicable time limit*unless such a translation is already available to the EPO under Rule 53(3)(see A-II,5.4.4)(vii)the applicant indicates where in the priority application and,if applicable,where in its translation,the late-filed missing parts of the description or missing drawi

272、ngs are completely contained,and does so within the applicable time limit*(see A-II,5.4.2).*For the applicable time limit,see whichever of A-II,5.1 or 5.2 applies.Where the conditions for including the missing parts of the description or missing drawings under Rule 56(3)are fulfilled,the filing date

273、 remains unchanged.The EPO will inform the applicant of this in accordance with Rule 56(3).Where criterion(i)is not satisfied,the late filing of missing parts is deemed not to have occurred and all references to those parts in the application are deemed deleted under Rule 56(4)(a)(see A-II,5.1 and 5

274、.2).In this case the filing date does not change but nor are the late-filed missing parts introduced into the application.If the request according to Rule 56(3)does not comply with one or more of the above requirements(ii)-(iv),then according to Rule 56(2)the filing date changes to the date on which

275、 the EPO receives the late-filed missing parts of the application.The EPO will inform the applicant of this in accordance with Rule 56(2).If the request according to Rule 56(3)does not comply with one or more of the above requirements(v)-(vii),then according to Rule 56(5)the filing date changes to t

276、he date on which the EPO receives the late-filed missing parts Rule 56(3)(a)Rule 56(3)(b)Rule 56(3)(c)Rule 56(2)Rule 56(5)Part A Chapter II-14 Guidelines for Examination in the EPO March 2024 of the application.The EPO will inform the applicant of this in accordance with Rule 56(5).5.4.1 Late-filed

277、missing parts when priority is claimed In the case of a request under Rule 56(3),the EPO checks 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 tha

278、n on the date on which the requirements laid down in Rule 40(1)were first fulfilled(see A-II,4.1).5.4.2 The missing parts of the description or missing drawings are completely contained in the priority application In cases where no translation of the priority application is required and both the Eur

279、opean patent application and the priority application are in the same official EPO language,the requirement that the late-filed parts of the application be completely contained in the priority application is met only if the parts of the priority application identified by the applicant according to R

280、ule 56(3)(c)contain the same drawings with the same annotations or,for late-filed parts of the description,contain the same text.If a translation of the priority application is required,then the requirement that the late-filed parts of the application be completely contained in the priority applicat

281、ion is met only if the parts of the translation 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.In addition to the requirement that the missing drawings or the missing parts of

282、the description be identical to the corresponding drawings or parts of the priority application,they must also be inserted in the description in a manner that does not result in additional technical content.Drawings of low visual quality are not considered missing within the meaning of Rule 56 and c

283、an,therefore,not be remedied under this provision(see J 12/14).However,it may be possible to remedy drawings of low visual quality under Rule 56a(see A-II,6).Final assessment of the completely contained requirement falls under the responsibility of the examining division(see C-III,1).5.4.3 Copy of t

284、he priority application The copy of the priority application that is required for the request according to Rule 56(3)does not need to be certified.However,if the applicants do provide a certified copy for their request according to Rule 56(3),they will not need to provide it again for their priority

285、 claim according to Rule 53(1).Where a copy of the priority document is already available to the EPO under Rule 53(2)in accordance with the conditions laid down by the President,the applicant does not need to file it.See also A-III,6.7.Rule 40(1)Rule 56a March 2024 Guidelines for Examination in the

286、EPO Part A Chapter II-15 5.4.4 Translation of the priority application Where a translation of the priority application is already available to the EPO under Rule 53(2),the applicant does not need to file it.In cases where the priority application is in an official EPO language and the European paten

287、t application is in a different official EPO language,the applicant is not required to file a translation of the priority application according to Rule 56(3)(b).However,since the language of the priority application differs from that of the European patent application,the requirement that the newly

288、introduced drawings(if they contain annotations)or parts of the description be completely contained in the priority application(Rule 56(3)is not met.This can be overcome by the applicants supplying within the applicable time limit(see whichever of A-II,5.1 or 5.2 applies),either:(i)a translation fro

289、m the official language of the priority application into the official language of the European patent application of those parts of the priority application identified by the applicant as completely containing the missing parts of the description or missing drawings(Rule 56(3)(c)or(ii)a declaration

290、indicating that the late-filed missing parts of the description or missing drawings are an exact translation of the parts of the priority application identified by the applicant according to Rule 56(3)(c).The entire priority application does not need to be translated,since this translation is requir

291、ed to satisfy the completely contained requirement of Rule 56(3),not the translation requirement of Rule 56(3)(b).5.5 Withdrawal of late-filed missing drawings or missing parts of the description Where applicants file missing parts of the description or missing drawings and make no request to base t

292、hese late-filed parts on a claimed priority,they are informed of the new filing date in a communication from the EPO(see A-II,5.3).Within one month of this communication,the applicants may withdraw the late-filed parts of the application and if they do so,the redating of the application is deemed no

293、t to have taken place and all references to the missing parts of the description or missing drawings are deemed deleted.The EPO will inform the applicants of this.Where applicants file missing parts of the description or missing drawings and request that these late-filed parts be based on a claimed

294、priority,but the requirements of Rule 56(3)are not met within the applicable time limit,the filing date changes to the date on which the late-filed parts of the application are received at the EPO(Rule 56(2)or(5).The applicants are informed of the new filing date in a communication from the EPO.With

295、in one month of this communication,they may withdraw the late-filed parts of the application(Rule 56(6);if they do so,the redating of the application is deemed not to have taken place,any filing of missing parts of the description or missing drawings is deemed not to have occurred and all Rule 56(2)

296、and(4)Rule 56(2),(4)and(5)Part A Chapter II-16 Guidelines for Examination in the EPO March 2024 references to the missing parts of the description or missing drawings are deemed deleted(Rule 56(4).The EPO will inform the applicants of this.Where a reference to a missing figure,e.g.see Fig.4,is deeme

297、d deleted,then reference signs cited in it are also deemed deleted,although any technical information in the reference that is still technically meaningful without the reference may be retained:e.g.see Fig.4,a distillation column(1),provided with a condenser(2)becomes a distillation column provided

298、with a condenser.The publication of the application(see A-VI,1.3)in such a case will contain the application documents as originally filed,without the references deleted.If the late-filed missing parts of the application do not satisfy the physical requirements of Rule 49(2)in conjunction with the d

299、ecision of the President of the EPO dated 25 November 2022(OJ EPO 2022,A113),the EPO will not invite the applicant to correct this deficiency according to Rule 58 until the one-month period for withdrawing them has expired without the applicant having withdrawn them(see A-III,3.2.2).5.6 Additional f

300、ee for pages For the calculation of the additional fee for pages in excess of 35(page fee),see A-III,13.2.6.Correction of erroneously filed application documents or parts 6.1 Correction of erroneously filed application documents or parts on invitation The application is examined on filing to check t

301、hat it is entitled to a filing date.If,during this check,the EPO establishes that the description,claims or drawings(or parts of them)appear to have been erroneously filed,it will invite the applicant to file the correct documents within a time limit of two months of a communication under Rules 56(1

302、)and 56a(1)(see A-II,5).During this time limit,the applicant may proceed under Rule 56a or Rule 56.If the applicant does not reply to this invitation in time,any filing of the correct application documents or parts will be deemed not to have occurred and the erroneously filed documents or parts will

303、 remain in the application as filed(Rule 56a(5).It should be noted that the applicant may not invoke the omission of the communication under Rules 56(1)and 56a(1)(see the notice from the EPO dated 23 June 2022,OJ EPO 2022,A71).6.2 Correction of erroneously filed application documents or parts withou

304、t invitation Applicants may also file correct(parts of)the description,claims or drawings on their own initiative(without being invited to do so by the EPO)within two months of the original filing date.If the applicant is invited by the EPO to file correct application documents or parts,the period u

305、nder Rule 56a(1)takes precedence(see A-II,6.1).If,within two months of the original filing date,applicants notice that they filed erroneous application documents or parts,they should,on their own initiative,file the correct ones as soon as possible under Rule 56a(3)Rule 56a(1)Rule 56a(5)Rule 56a(3)M

306、arch 2024 Guidelines for Examination in the EPO Part A Chapter II-17 because,in the absence of an EPO communication sent under Rules 56 and 56a(1),the possibility for applicants to file any missing or correct parts ends two months after the original filing date.Whether documents were erroneously fil

307、ed depends only on the applicants statement as to their intention.No further evidence is required by the EPO.Further processing is ruled out for the time limits under Rule 56a(1)and(3)to(7)(Rule 135(2).6.3 The filing date changes If,after the filing date,the applicant corrects the application docume

308、nts(or parts)in accordance with the procedures explained in A-II,6.1 or A-II,6.2,then the erroneously filed documents will be deemed not to have been filed and the correct documents will be added to the application.The filing date changes to the date on which the EPO receives the correct parts.The a

309、pplicant is informed of the new filing date under Rule 56a(3).This is subject to the exception explained in A-II,6.4.Erroneously filed application documents remain in the file,even if they are considered not part of the application as filed.As such,following publication of the application,the errone

310、ous application documents or parts are open to file inspection(see A-XI,2.1 and A-XI,2.3).6.4 Correct application documents based on priority application,no change in the filing date If,after the filing date,the applicant corrects the application documents(or parts)in accordance with the procedures

311、explained in A-II,6.1 or A-II,6.2,then the filing date does not change,provided that all of the following criteria are satisfied:(i)the correct application documents(or parts)are filed within the applicable time limit*(ii)the application claims priority on the date on which the requirements of Rule

312、40(1)were fulfilled(see A-II,4.1 and A-II,6.4.1)(iii)the applicant requests that the correct application documents be based on the claimed priority(see A-II,6.4.1)to avoid a change in the filing date,and does so within the applicable time limit*(iv)the correct application documents are completely co

313、ntained in the priority application(see A-II,6.4.1)(v)the applicant files a copy of the priority application within the applicable time limit*unless such a copy is already available to the EPO under Rule 53(2)(see A-II,6.4.2)(vi)where the priority application is not in an official EPO language,the a

314、pplicant files a translation into one such language within the applicable time limit*unless such a translation is already available to the EPO under Rule 53(3)(see A-II,6.4.3)Rule 135(2)Rule 56a(4)Part A Chapter II-18 Guidelines for Examination in the EPO March 2024(vii)the applicant indicates where

315、 in the priority application and,if applicable,where in its translation,the correct application documents are completely contained,and does so within the applicable time limit*(see A-II,6.4.2).*For the applicable time limit,see whichever of A-II,6.1 or A-II,6.2 applies.Where the conditions for inclu

316、ding the correct application documents or parts under Rule 56a(4)are fulfilled,the date of filing remains unchanged.The correct application documents or parts are included in the application and the erroneously filed ones remain in the application as filed.The EPO informs the applicants of this in a

317、 communication under Rule 56a(4).The erroneously filed documents may only be removed by amending the application during the grant proceedings and subject to Art.123(2).Where criterion(i)is not satisfied,any filing of the correct application documents or parts is deemed not to have occurred.In this c

318、ase,the filing date does not change and the erroneously filed application documents or parts remain in the application.The EPO will inform the applicant of this in accordance with Rule 56a(5).If the request according to Rule 56a(4)does not comply with one or more of criteria(ii)-(iv)above,then the d

319、ate of filing will change to the date on which the EPO received the correct application documents or parts.They will be included in the application and the erroneously filed documents or parts will be deemed not to have been filed.The EPO will inform the applicant of this in accordance with Rule 56a

320、(3).If the request according to Rule 56a(4)does not comply with one or more of criteria(v)-(vii)above,then the filing date will change to the date on which the EPO received the correct application documents or parts and the erroneously filed ones will be deemed not to have been filed.The EPO will in

321、form the applicant of this in accordance with Rule 56a(6).6.4.1 Later-filed correct application documents or parts when priority is claimed In the case of a request under Rule 56a(4),the EPO will check that the requirements for the priority claim are met(see A-III,6).Where the applicant files a requ

322、est under Rule 56a(4)(see A-II,6.4),the priority claim in question must have been in existence on the date on which the requirements laid down in Rule 40(1)were fulfilled(see A-II,4.1).The requirement that the correct application documents or parts be completely contained in the priority application

323、 is the same as for missing parts of the description or missing drawings filed under Rule 56(3)(see A-II,5.4.2).Final assessment of the completely contained requirement falls under the responsibility of the examining division(see C-III,1).Rule 56a(5)(a)Rule 56a(3)Rule 56a(6)Rule 56a(4)March 2024 Gui

324、delines for Examination in the EPO Part A Chapter II-19 6.4.2 Copy of the priority application The same requirements apply as for missing parts of the description or missing drawings filed under Rule 56(3)(see A-II,5.4.3).6.4.3 Translation of the priority application The same requirements apply as f

325、or missing parts of the description or missing drawings filed under Rule 56(3)(see A-II,5.4.4).6.5 Withdrawal of correct application documents or parts Where applicants are informed about the new filing date,they may,within one month of the communication under Rule 56a(3)or(6)as applicable(see A-II,

326、6.3 and A-II,6.4),withdraw the correct application documents or parts in order to maintain the initial date of filing.In this case,redating of the application and any filing of the correct documents or parts will be deemed not to have occurred.The erroneously filed documents or parts will be restore

327、d to the application as filed.The EPO will inform the applicants of this in accordance with Rule 56a(7).6.6 Same-day corrections If applicants become aware that they filed incorrect application documents or parts and wish to file correct ones on or before the date the requirements of Rule 40(1)are f

328、ulfilled(see A-II,4.1),they can do so without needing to file a new application and pay the corresponding fees(Rule 56a(2).The correct application documents or parts are included in the application and the erroneously filed ones are deemed not to have been filed.The EPO will inform the applicants of

329、 this in accordance with Rule 56a(2).6.7 Correct application documents or parts filed after the search has started If applicants file correct application documents or parts after the EPO has already begun to draw up the search report,the EPO will invite them to pay a further search fee under Rule 56

330、a(8)within a time limit of one month.If the fee is paid in time,the search will be completed on the basis of the filing date and the application documents established under the procedures described in A-II,6.3,6.4 or 6.5.If the fee is not paid in time,the application will be deemed withdrawn(Rule 11

331、2(1).Further processing is available(Rule 135(2).Payment of the further search fee is excluded from automatic debiting(see Annex A.1 to the ADA,point 3(l).6.8 Additional fee for pages For the calculation of the additional fee for pages in excess of 35(page fee),see A-III,13.2.6.9 Claims fee For the

332、calculation of the claims fee,see A-III,9.Rule 56a(7)Rule 56a(2)Rule 56a(8)Rule 112(1)Rule 135(2)March 2024 Guidelines for Examination in the EPO Part A Chapter III-1 Chapter III Examination of formal requirements 1.General 1.1 Formal requirements The formal requirements that an application has to m

333、eet are examined by the Receiving Section and relate to:(i)representation(ii)signature(iii)physical requirements of the application(iv)abstract(v)request for grant(vi)claim to priority(vii)designation of inventor(viii)translations,where required(ix)the presence of at least one claim(x)filing and search fees.1.2 Further checks In addition,the Receiving Section has to:(i)carry out a preliminary chec