5.4 Missing parts of the description or missing drawings based on the priority application, no change in filing date
In cases where no translation of the priority application is required and both the European patent application and the priority application are in the same official EPO language, the requirement that the late-filed parts of the application be "completely contained" in the priority application is met only if the parts of the priority application identified by the applicant according to Rule 56(3)(c) contain the same drawings with the same annotations or, for late-filed parts of the description, contain the same text.
If a translation of the priority application is required, then the requirement that the late-filed parts of the application be "completely contained" in the priority application is met only if the parts of the translation identified by the applicant according to Rule 56(3)(c) contain the same drawings with the same annotations or, for late-filed parts of the description, contain the same text.
In addition to the requirement that the missing drawings or the missing parts of the description be identical to the corresponding drawings or parts of the priority application, they must also be inserted in the description in a manner that does not result in additional technical content. Drawings of low visual quality are not considered missing within the meaning of Rule 56 and can, therefore, not be remedied under this provision (see J 12/14). However, it may be possible to remedy drawings of low visual quality under Rule 56a (see A‑II, 6).
Final assessment of the "completely contained" requirement falls under the responsibility of the examining division (see C‑III, 1).