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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 94
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Article 94 – Examination of the European patent application

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 9494, 95
Examination of the European patent application

Part IV – Procedure up to grant

(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.96

(2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn.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 this Convention, the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1, 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fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn. 


94Amended by the Act revising the European Patent Convention of 29.11.2000.

95See notice from the EPO concerning the programme for accelerated prosecution of European patent applications "PACE" (OJ EPO 2015, A93) and notice from the EPO concerning ways to expedite the European grant procedure (OJ EPO 2015, A94).

96See notice from the EPO (OJ EPO 2016, A20).

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EPC - Reference
  • Art. 18, 121, 124, 129, 150
    R. 6, 10, 69, 70, 70b, 71, 112-114, 135-138, 141, 142, 159
Cross-reference list
  • EPC EPC 1973
    Art. 94(3)Art. 96(2), (3)
    Art. 94(3), (4)Art. 96(2), (3)
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