Examination of the European patent application

According to Article 94 of the European Patent Convention (EPC)

(1)

The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid

(2)

If no request for examination has been made in due time, the application shall be deemed to be withdrawn. 

(3)

If the examination reveals that the application or the invention to which it relates does not meet the requirements of the European Patent  Convention, (EPC) the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1,of EPC to amend the application.

(4)

If the applicant fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 


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