European patent - Examination as to formal requirements

Submitted by European Patent... on Tue, 2020-11-03 14:06

According to Rule 57 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),


 

If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with Article 90, paragraph 3, of the EPC, whether:

(a)

a translation of the application required under Article 14, paragraph 2 EPC, under Rule 36 paragraph 2 , or under Rule 40, paragraph 3 EPC IR , has been filed in due time;

(b)

the request for grant of a European patent satisfies the requirements of the Rule 41 of the EPC IR;

(c)

the application contains one or more claims , or a reference to a previously filed application indicating that it replaces also the claims;

(d)

the application contains an abstract;

(e)

the filing fee and the search fee have been paid;

(f)

the designation of the inventor has been made;

(g)

where appropriate, the requirements concerning the claim to priority have been satisfied;

(h)

where appropriate, the requirements of Article 111, paragraph 2, of the EPC (regulating general principles of representation) have been satisfied;

(i)

the application meets 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 presentation of the application documents)

(j)

the application meets the requirements laid down in Rule 30 of the EPC IR (regulating
Requirements of European patent applications relating to nucleotide and amino acid sequences)

 

Prepared  November  2nd , 2020

 

Prepared by European Patent Registration and Consulting Services
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