5.4 Missing parts of the description or missing drawings based on the priority application, no change in filing date 

If the applicant files missing parts of the description or missing drawings after the filing date in accordance with the procedure specified in A‑II, 5.1 or A-II, 5.2, the filing date does not change, provided that all of the following criteria are satisfied:

(i)the missing parts are filed within the applicable time limit* 

(ii)the application claims priority on the date on which the requirements laid down in Rule 40(1) were fulfilled (see A‑II, 4.1 and A‑II, 5.4.1)

(iii)the applicant requests that the late-filed missing parts be based on the claimed priority in order to avoid a change in the filing date (see A‑II, 5.4.1), and does so within the applicable time limit*

(iv)the late-filed missing parts of the description or missing drawings are completely contained in the priority application (see A‑II, 5.4.2)

(v)the applicant files a copy of the priority application within the applicable time limit* unless such a copy is already available to the EPO under Rule 53(2) (see A‑II, 5.4.3)

(vi)where the priority application is not in an official EPO language, the applicant files a translation into one such language within the applicable time limit* unless such a translation is already available to the EPO under Rule 53(3) (see A‑II, 5.4.4)

(vii)the applicant indicates where in the priority application and, if applicable, where in its translation, the late-filed missing parts of the description or missing drawings are completely contained, and does so within the applicable time limit* (see A‑II, 5.4.2).

*For the applicable time limit, see whichever of A‑II, 5.1 or A-II, 5.2 applies.

Where the conditions for including the missing parts of the description or missing drawings under Rule 56(3) are fulfilled, the filing date remains unchanged. The EPO will inform the applicant of this in accordance with Rule 56(3).

Where criterion (i) is not satisfied, the late filing of missing parts is deemed not to have occurred and all references to those parts in the application are deemed deleted under Rule 56(4)(a) (see A‑II, 5.1 and A-II, 5.2). In this case the filing date does not change but nor are the late-filed missing parts introduced into the application.

If the request according to Rule 56(3) does not comply with one or more of the above requirements (ii)-(iv), then according to Rule 56(2) the filing date changes to the date on which the EPO receives the late-filed missing parts of the application. The EPO will inform the applicant of this in accordance with Rule 56(2).

If the request according to Rule 56(3) does not comply with one or more of the above requirements (v)-(vii), then according to Rule 56(5) the filing date changes to the date on which the EPO receives the late-filed missing parts of the application. The EPO will inform the applicant of this in accordance with Rule 56(5).