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Part IV – Procedure up to grant

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  1. Home
  2. The European Patent Convention – Contents
  3. European Patent Convention
  4. Part IV
  5. Article 90
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Article 90 – Examination on filing and examination as to formal requirements

Article 90 – Examination on filing and examination as to formal requirements
Article 91 – (deleted)
Article 92 – Drawing up of the European search report
Article 93 – Publication of the European patent application
Article 94 – Examination of the European patent application
Article 95 – (deleted)
Article 96 – (deleted)
Article 97 – Grant or refusal
Article 98 – Publication of the specification of the European patent

Article 9087, 88
Examination on filing and examination as to formal requirements

Part IV – Procedure up to grant

(1) The European Patent Office shall examine, in accordance with the Implementing Regulations, whether the application satisfies the requirements for the accordance of a date of filing. 

(2) If a date of filing cannot be accorded following the examination under paragraph 1, the application shall not be dealt with as a European patent application.

(3) If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with the Implementing Regulations, whether the requirements in Articles 14, Article 78 and Article 81, and, where applicable, Article 88, paragraph 1, and Article 133, paragraph 2, as well as any other requirement laid down in the Implementing Regulations, have been satisfied.

(4) Where the European Patent Office in carrying out the examination under paragraphs 1 or 3 notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them.

(5) If any deficiency noted in the examination under paragraph 3 is not corrected, the European patent application shall be refused unless a different legal consequence is provided for by this Convention. Where the deficiency concerns the right of priority, this right shall be lost for the application.


87Amended by the Act revising the European Patent Convention of 29.11.2000.

88See opinions of the Enlarged Board of Appeal G 4/98, G 1/02 (Annex I).

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EPC - Reference
  • Art. 16, 78, 80, 88, 92
    R. 6, 10, 38, 40, 45, 53, 55-60, 111-113, 137, 139, 140, 142, 152, 153
Cross-reference list
  • EPC EPC 1973
    Art. 90(3)Art. 91(1), (2), (3)
    Art. 90(4)Art. 91(1), (2), (3)
    Art. 90(5)Art. 91(1), (2), (3). (5)
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