European patent - Correction of deficiencies in the application documents

According to Rule 58 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

If the European patent application does not comply with the requirements of Rule 57 (a) to (d), (h) and (i), of the EPC IR, i.e.

a translation of the application required , has not been filed in due time;

the request for grant of a European patent does not satisfy the requirements of Rule 41 of the EPC IR;


the application does not contain one or more claims in accordance with Article 78 paragraph 1 (c), or does not contain a reference to a previously filed application in accordance with Rule 40 paragraphs 1 (c), 2 and 3 of the EPC IR, indicating that it replaces also the claims;


the application does not contain an abstract in accordance with Article 78, paragraph 1 (e) of the EPC IR;


where appropriate, the requirements of Article 133, paragraph 2 of the EPC (regulating general principles of representation), have not been satisfied;


the application does not meet the requirements laid down in Rule 46 (regulating form of the drawings) and Rule 49, paragraphs 1 to 9 and 12 of the EPC IR (regulating general provisions governing the presentation of the application documents) ,


the European Patent Office shall inform the applicant accordingly and invite him to correct the deficiencies noted within two months. In reply to such a requirement from EPO , the Applicant may amend the description, claims and drawings only to an extent sufficient to remedy such deficiencies.

Prepared  November  25th , 2020


Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein