3.2.2 Physical requirements of late-filed application documents or correct application documents or parts

Where claims are filed after the date of filing (see A‑III, 15) or where missing parts of the description, or missing drawings, or correct application documents or parts, are inserted after the date of filing (see A‑II, 5 and A‑II, 6), all of these late-filed application documents must also satisfy the physical requirements. Consequently, the EPO will carry out two separate checks, first on the physical requirements of the original application documents, and second on any late-filed claims or missing parts of the description, or missing drawings, or correct application documents or parts. Any deficiencies will only be communicated when the complete application documents are on file.

In the event that late-filed missing parts of the description, or missing drawings, or correct application documents or parts, result in a change of the date of filing, the applicant can withdraw the late-filed parts of the description, or drawings up to one month after being notified of the change in filing date (Rule 56(6)). Similarly, the applicant can withdraw correct application documents or parts filed under Rule 56a within the same period (Rule 56a(7)). Consequently, if the late-filed missing parts of the description, or missing drawings, or correct application documents or parts:

(i)contain deficiencies with regard to the physical requirements, and 

(ii)result in a change of the date of filing,

then the EPO will wait until the one-month period for their withdrawal has expired and will then send a communication according to Rule 58 in respect of these deficiencies, if the applicant has not withdrawn them in due time.