European patent application - Missing parts of the description or missing drawings

According to Rule 56 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

If the examination under Article 90, paragraph 1of the EPC (Examination on filing and examination as to formal requirements ), reveals that parts of the description, or drawings referred to in the description or in the claims, in the European patent application appear to be missing, the European Patent Office shall invite the applicant to file the missing parts within two months. The applicant may not invoke the omission of such a communication.

(2)

 If missing parts of the description or missing drawings are filed later than the date of the European patent application filing, but within two months of the date of filing or, if a communication is issued under paragraph 1 of this rule , within two months of that communication, the application shall be re-dated to the date on which the missing parts of the description or missing drawings were filed. The European Patent Office shall inform the applicant accordingly.

(3)

 If the missing parts of the description or missing drawings are filed within the period under paragraph 2 of this rule, and the application claims priority of an earlier application, the date of filing shall, provided that the missing parts of the description or the missing drawings are completely contained in the earlier application, remain the date on which the requirements laid down in Rule 40, paragraph 1 of the EPC IR (regulating Date of filing ), were fulfilled, where the applicant so requests and files, within the period under paragraph 2 of this rule;

(a)

 a copy of the earlier application, unless such copy is available to the European Patent Office under Rule 53, paragraph 2 of the EPC IR (regulating Date of filing) ;

(b)

where the earlier application is not in an official language of the European Patent Office, a translation thereof in one of these languages (Ebglish, German or French) , unless such copy is available to the European Patent Office under Rule 53, paragraph 3 of the EPC IR; and

(c)

 an indication as to where the missing parts of the description or the missing drawings are completely contained in the earlier application and, where applicable, in the translation thereof.  

(4)

If the applicant: 

(a)

 fails to file the missing parts of the description or the missing drawings within the period under paragraph 1 or 2 of this rule ,

or  

(b)

 withdraws under paragraph 6 of this rule any missing part of the description or missing drawing filed under paragraph 2 of this rule,

any references referred to in paragraph 1 of this rule shall be deemed to be deleted, and any filing of the missing parts of the description or missing drawings shall be deemed not to have been made. The European Patent Office shall inform the applicant accordingly.

(5)

 If the applicant fails to comply with the requirements referred to in paragraph 3(a) to (c) of this rule within the period under paragraph 2 of this rule, the application shall be re-dated to the date on which the missing parts of the description or missing drawings were filed. The European Patent Office shall inform the applicant accordingly.

(6)

 Within one month of the notification referred to in paragraph 2 or 5 , last sentence of this rule, the applicant may withdraw the missing parts of the description or the missing drawings filed, in which case the re-dating shall be deemed not to have been made. The European Patent Office shall inform the applicant accordingly.

Prepared October  6th , 2020

Prepared by European Patent Registration and Consulting Services
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