5.2.2Examination as to formal and other requirements 

5.2.004Once the date of filing has been accorded, the Receiving Section examines whether the filing fee, any additional fees and the search fee have been paid in due time (see points 4.3.010 and 4.3.011). If the filing fee or the search fee has not been paid in due time, the European patent application is deemed to be withdrawn (see point 4.3.013). However, see point 5.10.007 for the possibility of further processing.

5.2.005If the application has been accorded a date of filing and is not deemed to be withdrawn, the Receiving Section checks for compliance with the provisions governing 

5.2.006If the file number or the certified copy of the application whose priority is claimed is missing, you will be invited to file the missing item(s) within a specified time limit. If you fail to do so, you will lose your priority right (but see points 5.10.008-5.10.010).

5.2.007If formal examination reveals that parts of the description or drawings referred to in the description or in the claims appear to be missing, the Receiving Section will invite you under Rule 56(1) EPC to file the missing parts within a non-extendable time limit of two months. You can also file any missing parts of the description or drawings of your own motion within two months from the date of filing. In both cases the date of filing will then be re-dated to the day on which the missing parts are received at the EPO. Please be aware that a change of the date of filing may result in losing your priority right, namely if the newly accorded date of filing lies outside the 12-month priority period (see point 4.1.017).

If you do not file a reply to the invitation under Rule 56(1) EPC, all references to the missing parts are deemed to be deleted and the original date of filing will be kept.

The original date of filing will be kept if you declare and provide evidence within the applicable time limit that the late-filed missing parts of the description or drawings are completely contained in the earlier application whose priority is claimed. To this end, a certified copy of the priority application, unless already available to the EPO, and, if required, its translation into one of the EPO's official languages must be filed. You must furthermore specify where in the priority application the missing parts are contained. 

5.2.008The procedure for filing missing parts as described above essentially applies to erroneously filed application documents too. If formal examination reveals that the description, claims or drawings (or parts of them) appear to have been erroneously filed, you will be invited to file correct application documents within a time limit of two months. You can also file correct application documents of your own motion within two months. The date of filing will be re-dated to the date on which you file the correct application documents or parts, unless the correct application documents are completely contained in the priority document. 

If you realise on the filing date (or earlier if a date of filing cannot yet be accorded) that you filed incorrect application documents and file the correct documents on the same day, the documents will be exchanged without changing the date of filing. 

If the EPO has started to draw up the search report before you file correct application documents, you will be invited to pay a further search fee. However, if the EPO detects the error during formal examination and sends a corresponding invitation, the search will not start as long as it is still possible to file correct application documents.