3.7.2 Non-compliance with Rule 107 EPC and failure to remedy a deficiency

In R 6/10 the board held that if a petition did not comply with R. 107(2) EPC, it must be rejected as inadmissible.

Under R. 108(2) EPC, if the Enlarged Board of Appeal notes that the petition does not comply with R. 107(1)(a) EPC, it shall invite the petitioner to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Enlarged Board of Appeal shall reject the petition as inadmissible. In R 6/09 the Enlarged Board noted that such rejection was subject to the petitioner's request for re-establishment of rights.