3.2 Documents making up the application, replacement documents, translations
Overview
3.2 Documents making up the application, replacement documents, translations
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A revised version of this publication entered into force. |
It is the responsibility of the Receiving Section to ensure that the documents making up the application, i.e. request, description, claims, drawings and abstract, meet the requirements of Rule 49(2) to (9) and (12) and, with regard to drawings, the requirements of Rule 46, in conjunction with Art. 4(2) of the decision of the President of the EPO dated 25 November 2022 (OJ EPO 2022, A113) to the extent necessary for the purpose of a satisfactory reproduction and a reasonably uniform publication of the application under Rule 68(1). This equally applies to any supplementary document filed as an appendix to the description. When evaluating the quality of the application documents and their suitability for electronic and direct reproduction, the Receiving Section's objective must be to ascertain the discernibility of all details originally disclosed in the documents received on the date of filing. Furthermore, the Receiving Section should not draw the attention of the applicant to any deficiencies related to the content of the application, namely those under Rule 46(2)(i) or (j) or 49(9), fourth sentence listed in Art. 1(2)(i) and Art. 1(2)(j) and Art. 2(8), fourth sentence, of the decision of the President of the EPO dated 25 November 2022 (see also the notice from the EPO dated 25 November 2022, OJ EPO 2022, A114, point 8, and A‑III, 16.1).
With regard to those requirements in relation to which some technical knowledge may be needed, such as those of Art. 1(2)(f) and Art. 1(2)(h) of the decision of the President of the EPO dated 25 November 2022 Rule 46(2)(f) and (h), the Receiving Section should, in case of doubt, consult and take the advice of the search division. The Receiving Section should also consider taking action when the search division draws its attention to a deficiency which it had overlooked. It should be noted that, in accordance with Rule 46(3), flow sheets and diagrams are to be considered as drawings (Art. 1(3) of the decision of the President of the EPO dated 25 November 2022).
If the formal requirements of Rule 46 and Rule 49 Rule 49(2) are not met, the applicant is invited to remedy this deficiency within a non-extendable two-month period (Rule 58 and Rule 50(1)). If this deficiency is not remedied in due time, the application is refused (Art. 90(5)).
Once the examining division assumes responsibility for the application, it also becomes responsible for formal matters. It should pay particular attention to the more technical requirements of Rule 46 and Rule 49, including in particular the above-mentioned requirements under Rule 46(2)(i) and (j) and Rule 49(9), fourth sentence, and those laid down in Art. 1(2)(i) and Art. 1(2)(j), Art. 2(8), fourth sentence, and Art. 2(9) and Art. 2(10) of the decision of the President of the EPO dated 25 November 2022 (see also the notice from the EPO dated 25 November 2022, point 8) Rule 49(10) and (11).
Rule 46
Replacement documents, including the amendment of granted patents (Rule 86), and translations in an official language of documents filed under the provisions of Art. 14(2) or Art. 14(4) are subject to the same requirements as the documents making up the application. As a consequence, they must be typed or printed. Submissions containing handwritten amendments to application or patent specification documents are formally deficient and need to be corrected (see OJ EPO 2013, 603; however, see also E‑III, 8.7 and OJ EPO 2016, A22, as well as H‑III, 2.2).
In examination proceedings the invitation to correct formal deficiencies is sent by the formalities officer on behalf of the examining division (see the decision of the President of the EPO dated 12 December 2013, OJ EPO 2014, A6).
In the event of deficiencies under Rule 30, the Receiving Section must invite the applicant to remedy them within a non-extendable two-month period. If this deficiency is not remedied in due time, the application is refused by the Receiving Section under Rule 30(3) (see the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372, and the Notice from the EPO dated 18 October 2013, OJ EPO 2013, 542 the decision of the President of the EPO dated 9 December 2021, OJ EPO 2021, A96, and the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97; see also A‑IV, 5).
The particular requirements for drawings are dealt with in A‑IX.