5.2 Procedure up to publication of the application
5.2.1Examination on filing
–an indication that a European patent is sought
–information identifying the applicant
–a description or a reference to a previously filed application
5.2.002It is not necessary to file any claims in order to obtain a date of filing. You may file claims after the date of filing on your own initiative or within two months from an invitation requesting you to do so. However, you should take care that the late-filed claims do not contain subject-matter which extends beyond the content of the application as originally filed.
5.2.003If any of the requirements mentioned in point 5.2.001 have not been fulfilled, a date of filing cannot be accorded. The Receiving Section will inform you accordingly and invite you to remedy the deficiencies found within a non-extendable time limit of two months. If you file a timely response and remedy the deficiencies, the date of receipt of your response will be the date of filing of the application. If you do not file a (timely) response, the application will not be dealt with as a European patent application. The EPO will notify you under Rule 112(1), and you may then apply for a decision under Rule 112(2) or request re-establishment of rights under Article 122 and Rule 136.
For a date of filing to be accorded, the documents do not have to meet any particular requirements as to form or presentation. It is essential, however, that they be sufficiently legible to enable the information to be discerned.