Article 94, - Examination of the European patent application
(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(2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn.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 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fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn.
Notes
- Amended by the Act revising the European Patent Convention of 29.11.2000.
- See notice from the EPO concerning the programme for accelerated prosecution of European patent applications "PACE" (OJ EPO 2025, A69, Corr. OJ EPO 2026, A7 OJ EPO 2015, A93) and notice from the EPO concerning ways to expedite the European grant procedure (OJ EPO 2015, A94).
- See notice from the EPO of 16.12.2025 concerning the handling of enquiries as to the processing of files (OJ EPO 2025, A70).
- See notice from the EPO (OJ EPO 2016, A20).
- See notice from the EPO of 02.07.2024 concerning a change of practice in access to patent literature documents cited in search and examination proceedings (OJ EPO 2024, A68).
Article 94, - Examination of the European patent application
(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(2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn.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 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.
Notes
- Amended by the Act revising the European Patent Convention of 29.11.2000.
- See notice from the EPO concerning the programme for accelerated prosecution of European patent applications "PACE" (OJ EPO 2025, A69, Corr. OJ EPO 2026, A7 OJ EPO 2015, A93) and notice from the EPO concerning ways to expedite the European grant procedure (OJ EPO 2015, A94).
- See notice from the EPO of 16.12.2025 concerning the handling of enquiries as to the processing of files (OJ EPO 2025, A70).
- See notice from the EPO (OJ EPO 2016, A20).
- See notice from the EPO of 02.07.2024 concerning a change of practice in access to patent literature documents cited in search and examination proceedings (OJ EPO 2024, A68).