Part IV – Procedure up to grant
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16th edition: this version presents the text in force on 1 July 2020. |
(1) The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid.96
(2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn.
(3) If the examination reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1, to amend the application.
(4) If the applicant fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn.
94Amended by the Act revising the European Patent Convention of 29.11.2000.
95See the notice from the EPO concerning the programme for accelerated prosecution of European patent applications ("PACE"), OJ EPO 2015, A93 and the notice from the EPO concerning ways to expedite the European grant procedure, OJ EPO 2015, A94.
96See notice from the EPO, OJ EPO 2016, A20.
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EPC EPC 1973 Art. 94(3) Art. 96(2), (3) Art. 94(3), (4) Art. 96(2), (3)