3.2.2 Physical requirements of late-filed application documents or correct application documents or parts 

Where claims are filed after the filing date (see A‑III, 15) or where missing parts of the description, missing drawings or correct application documents or parts are inserted after the filing date (see A‑II, 5 and A‑II, 6), all of these late-filed application documents must also satisfy the physical requirements. Consequently, the EPO will carry out two separate checks, first on the physical requirements of the original application documents, and second on any late-filed application documents. Any deficiencies will be communicated only when the complete application documents are on file.

If the late filing of missing parts of the description, missing drawings or correct application documents or parts results in a change of the filing date, the applicant can withdraw the late-filed parts of the description or drawings up to one month after being notified of the change in filing date (Rule 56(6)). Similarly, they can withdraw correct application documents or parts filed under Rule 56a within the same period (Rule 56a(7)). Consequently, if the late-filed missing parts of the description, missing drawings or correct application documents or parts:

(i)contain deficiencies with regard to the physical requirements and 

(ii)result in a change of the filing date, 

the EPO will wait until the one-month period for their withdrawal has expired and will then send a communication according to Rule 58 in respect of these deficiencies, if the applicant has not withdrawn them in time.