European patent - Examination on filing

According to Rule 55 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

If the examination of one European patent application  in accordance with the Implementing Regulations, whether the application satisfies the requirements for the accordance of a date of filing. reveals that the application fails to meet the requirements laid down in Rule 40, paragraph 1(a) or (c), paragraph 2 or paragraph 3, first sentence,  of the EPC  IR,, i.e.

the application does not contains: 

(a)

an indication that a European patent is sought; 

(b)

information identifying the applicant or allowing the applicant to be contacted;,

(c)

a description or reference to a previously filed application,

A reference to a previously filed application (when the patent application refers to priority from previous filed application)  stating the filing date and number of that application and the Office with which it was filed., indicatimg that it replaces the description and any drawings and

a certified copy of the previously filed application was not filed within two months of filing the application.

the European Patent Office shall inform the applicant of any deficiencies and advise him that the application will not be dealt with as a European patent application unless such deficiencies are remedied within two months. If the applicant does this, he shall be informed of the date of filing accorded by the European Patent Office.

Prepared September  7th , 2020

Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein
http://www.european-patent-registration.com
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