3.2 Documents making up the application, replacement documents, translations
Overview
3.2 Documents making up the application, replacement documents, translations
The Receiving Section must ensure that the documents making up the application, i.e. request, description, claims, drawings and abstract, meet the requirements of Rule 49(2) in conjunction with Art. 4(2) of the decision of the President of the EPO dated 25 November 2022 (OJ EPO 2022, A113) to the extent necessary for satisfactory reproduction and reasonably uniform publication of the application under Rule 68(1). This equally applies to any supplementary document filed as an appendix to the description. When evaluating the quality of the application documents and their suitability for electronic and direct reproduction, the Receiving Section's objective must be to ascertain the discernibility of all details originally disclosed in the documents received on the date of filing. The Receiving Section should not, however, draw the applicant's attention to any deficiencies in the content of the application, namely those listed in Art. 1(2)(i) and Art. 1(2)(j) and Art. 2(8), fourth sentence, of the decision of the President of the EPO dated 25 November 2022 (see also the notice from the EPO dated 25 November 2022, OJ EPO 2022, A114, point 8, and A‑III, 16.1).
In the case of requirements that may necessitate some technical knowledge, such as those of Art. 1(2)(f) and Art. 1(2)(h) of the decision of the President of the EPO dated 25 November 2022, the Receiving Section should, if in doubt, consult and take the advice of the search division. It should also consider taking action when the search division identifies a deficiency previously overlooked. It should be noted that flow sheets and diagrams are to be considered as drawings (Art. 1(3) of the decision of the President of the EPO dated 25 November 2022).
If the formal requirements of Rule 49(2) are not met, the applicant is invited to remedy this deficiency within a non-extendable two-month period (Rule 58 and Rule 50(1)). If it is not remedied in time, the application is refused (Art. 90(5)).
Once the examining division assumes responsibility for the application, it also becomes responsible for formal matters. It should pay particular attention to the more technical requirements, in particular those laid down in Art. 1(2)(i) and Art. 1(2)(j), Art. 2(8), fourth sentence, and Art. 2(9) and Art. 2(10) of the decision of the President of the EPO dated 25 November 2022 (see also the notice from the EPO dated 25 November 2022, point 8).
Replacement documents, including the amendment of granted patents (Rule 86), and translations in an official language of documents filed under the provisions of Art. 14(2) or Art. 14(4) are subject to the same requirements as the documents making up the application. They must therefore be typed or printed. Submissions containing handwritten amendments to application or patent specification documents are formally deficient and need to be corrected (see OJ EPO 2013, 603; however, see also E‑III, 8.7 and OJ EPO 2016, A22, as well as H‑III, 2.2).
In examination proceedings the invitation to correct formal deficiencies is sent by the formalities officer on behalf of the examining division (see the decision of the President of the EPO dated 12 December 2013, OJ EPO 2014, A6).
With regard to sequence listings, see A‑IV, 5.
In the event of deficiencies under Rule 30, the Receiving Section must invite the applicant to remedy them within a non-extendable two-month period. If they are not remedied in time, the application is refused by the Receiving Section under Rule 30(3) (see the decision of the President of the EPO dated 9 December 2021, OJ EPO 2021, A96, and the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97; see also A‑IV, 5).
The particular requirements for drawings are dealt with in A‑IX.