2. Examination for deficiencies in the request
2.1 Deficiencies which lead to the request being deemed not to have been filed
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A revised version of this publication entered into force. |
On receipt of a request for revocation or limitation of a patent, the formalities examiner will examine whether:
(i)the request is filed with the EPO (Art. 105a(1))
(ii)opposition proceedings in respect of the patent are not pending at the time of filing the request (Art. 105a(2) and Rule 93(1))
(iii)the relevant fee is paid (Art. 105a(1) and Art. 2(1), item 10a, RFees)
(iv)where the request is filed in a language according to Art. 14(4), the translation has been filed in due time (Rule 6(2))
(v)where the requester is required by Art. 133(2) to appoint a representative, this was done in due time (Rule 152 (3) and Rule 152 (6)).
If any of these requirements are not met, the request is deemed not to have been filed. This finding is notified to the requester (Art. 119), and the fee is refunded.
Otherwise, the request is considered to have been filed, and the limitation/revocation procedure commences.