Chapter V – Communications concerning formal deficiencies; amendment of application; correction of errors
Where an application is found to be formally deficient during a formalities examination, the Receiving Section or, where appropriate, the examining division issues one or more communications to the applicant identifying all the particular EPC requirements not met and, in the case of deficiencies that can be corrected, inviting the applicant to correct them within specified periods (see A‑III, 16). In the exceptional case of communications that do not detail all deficiencies, see A‑III, 16.1. The applicant will be notified of the consequences, e.g. application deemed withdrawn, priority right lost, that result from the deficiencies or failure to take appropriate action within due time.
In general, depending on the deficiency in question, either:
(i)a time limit will be specified by the EPO, subject to Rule 132, for meeting the objection, e.g. an invitation to supply the priority document or priority file number under Rule 59 or
(ii)a fixed time limit will apply, e.g. two months for correcting deficiencies under Rule 58.
For further details see E‑VIII, 1. If a deficiency is not rectified in due time, then the legal effects that are envisaged will apply.