(1) The publication of the European patent application shall contain the description, the claims and any drawings as filed, and the abstract, or, if these documents making up the application were not filed in an official language of the European Patent Office, a translation in the language of the proceedings, and, in an annex, the European search report, where it is available before the termination of the technical preparations for publication. If the search report or the abstract is not published at the same time as the application, it shall be published separately.
(2) The President of the European Patent Office shall determine the form of the publication of the application and the data to be included. The same shall apply where the European search report and the abstract are published separately.
(3) The designated Contracting States shall be indicated in the published application.
(4)94 If the claims were not filed on the date of filing of the application, this shall be indicated when the application is published. If, before the termination of the technical preparations for publication of the application, the claims have been amended under Rule 137, paragraph 2, the new or amended claims shall be included in the publication in addition to the claims as filed.
93See decisions of the President of the EPO of 12.07.2007 concerning the form of publication of European patent applications, European search reports and European patent specifications (Special edition No. 3, OJ EPO 2007, D.3) and on the summary listing of references cited by the applicant in European patent applications and European patent specifications (Special edition No. 3, OJ EPO 2007, D.4).
94English version amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
13.12.2007 - 31.03.2009Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)01.04.2009 -CA/D 4/08 (OJ EPO 2008, 513)