4.1.2 Application filed by reference to a previously filed application 

Where the application was filed by reference to a previously filed application in accordance with the procedures described in A‑II, 4.1.3.1 and the previously filed application referenced already satisfied the requirements of Rule 31(1)(b) and Rule 31(1)(c) on its filing date, these requirements will also be satisfied in respect of the European patent application.

If the information on the deposited biological material present in the previously filed application as filed does not satisfy Rule 31(1)(c), the EPO will not know this until the applicant files the certified copy and any required translation of the previously filed application (at the latest within two months of the filing date – Rule 40(3)). Even where the certified copy and any translation required are filed up to two months from the filing date, if the requirements of Rule 31(1)(c) are not satisfied, the time limit for rectification of this deficiency according to Rule 31(2) is unaffected (see A‑IV, 4.2).