Part IX – Implementing Regulations to Part X of the Convention
(1) Where the designation of the inventor under Rule 19, paragraph 1, has not yet been made within the period under Rule 159, paragraph 1, the European Patent Office shall invite the applicant to make the designation within two months.
(2)205 Where the priority of an earlier application is claimed and the file number of the previous application or the copy thereof provided for in Rule 52, paragraph 1, and Rule 53 have not yet been submitted within the period under Rule 159, paragraph 1, the European Patent Office shall invite the applicant to furnish that number or copy within two months. Rule 53, paragraph 2, shall apply.
(3)206 Where, at the expiry of the period under Rule 159, paragraph 1, a sequence listing complying with the standard provided for in the Administrative Instructions under the PCT is not available to the European Patent Office, the applicant shall be invited to file a sequence listing complying with the rules laid down by the President of the European Patent Office within two months. Rule 30, paragraphs 2 and Rule 30, paragraphs 3, shall apply mutatis mutandis.
(4) Where, at the expiry of the period under Rule 159, paragraph 1, the address, the nationality or the State in which his residence or principal place of business is located is missing in respect of any applicant, the European Patent Office shall invite the applicant to furnish these indications within two months.
(5) Where, at the expiry of the period under Rule 159, paragraph 1, the requirements of Article 133, paragraph 2, have not been satisfied, the European Patent Office shall invite the applicant to appoint a professional representative within two months.
(6) If the deficiencies noted under paragraphs 1, paragraphs 4 or paragraphs 5 are not corrected in due time, the European patent application shall be refused. If the deficiency noted under paragraph 2 is not corrected in due time, the right of priority shall be lost for the application.
205Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
See decision of the President of the EPO of 18.10.2018 13.11.2021 on the filing of priority documents (OJ EPO 2018, A78OJ EPO 2021, A83) and, notice from the EPO of 22.02.2019 concerning priority document exchange via the WIPO Digital Access Service (OJ EPO 2019, A27) and notice from the EPO of 13.11.2021 concerning priority document exchange between the EPO and the USPTO, the KIPO and the CNIPA (OJ EPO 2021, A84).
206See decision of the President of the EPO of 09.12.2021 28.04.2011 on the filing of sequence listings (OJ EPO 2021, A96) (OJ EPO 2011, 372), and notice from the EPO of 09.12.2021 28.10.2013 (OJ EPO 2021, A97) (OJ EPO 2013, 542) and notice from the EPO of 28.09.2023 concerning the handling of ST.25 sequence listings filed as a safeguard as part of divisional applications to which WIPO Standard ST.26 applies (OJ EPO 2023, A98).
See decision of the President of the EPO of 24.04.2023 concerning the revision of WIPO Standard ST.26 (OJ EPO 2023, A46) and notice from the EPO of 24.04.2023 (OJ EPO 2023, A47).
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13.12.2007 - 31.03.2009Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)01.04.2009 -CA/D 4/08 (OJ EPO 2008, 513)
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EPC EPC 1973 R. 163 R. 111