9.3.4 Non-compliance with eligibility criteria

The EPO may conduct checks to ensure compliance with the eligibility criteria laid down in Rules 7a(1), Rule 7a(2), Rule 7a(5) and Rule 7b(1). If the checks give rise to reasonable doubt in the course of the grant proceedings as to the veracity of the declaration given by the applicant, the EPO may request appropriate evidence (Rule 7b(3)).

Should it become apparent that an incorrect declaration has been filed, the fee would not be validly paid since it was reduced unjustifiably and the application may be deemed withdrawn under Art. 78(2) and/or Art. 94(2). The same applies if no declaration has been filed. Where applicable, the loss of rights arising from an incorrect or missing declaration may be remedied by filing a request for further processing under Art. 121 and Rule 135 (subject to making good any underpayment and paying the fee for further processing (see E‑VIII, 2)) or by requesting a decision under Rule 112(2) (see E‑VIII, 1.9.3).