Legal Evaluation of Each Statement
- EP-A filed: 15 September 2025
- Priority claimed from IT-A filed: 13 September 2024
- On 22 September 2025, you discover page 3 of the description and claims 7–12 are missing. Fees not yet paid (irrelevant for the missing-parts remedy).
This is a “filing-stage defect” scenario: remedying missing/erroneously filed parts is governed by Rule 56 EPC (missing description parts/drawings) and Rule 56a EPC (erroneously filed application documents/parts, including claims).
Legal Evaluation of Each Statement
a) If the EPO notes missing page 3 and claims 7–12, it will invite filing within three months. — False
If the EPO detects missing parts at filing-stage formalities check, it invites the applicant to remedy them within two months, not three:
- Rule 56(1) EPC: missing parts of the description (or drawings) → invitation to file missing parts within two months.
For missing/incorrectly filed claims or parts of claims, the EPO proceeds under Rule 56a(1) EPC (invitation to file correct application documents/parts) with the same two-month period.
So “three months” is wrong → False.
b) You may file page 3 of the description of your own volition up to 17 November 2025 without re-dating. — True
Applicants may file missing description parts on their own initiative (i.e., without waiting for an invitation) within two months of the filing date.
Filing date: 15 Sep 2025
Two months later: 15 Nov 2025
15 Nov 2025 is a Saturday, so the period extends to the next day when the EPO is open under Rule 134(1) EPC, i.e. Monday 17 Nov 2025.
Keeping the original filing date (no re-dating) is only guaranteed if the applicant uses the priority “rescue” under Rule 56(3) EPC: the missing part must be completely contained in the priority application already claimed, and the applicant must request retention of the original filing date and comply with the formal requirements (e.g. indication where contained; priority copy/translation where applicable).
Given your intention that EP-A and IT-A have identical content, this is typically satisfied; hence, as stated, b) is True (with the implicit Rule 56(3) request).
c) If the subject-matter of claims 7–12 is also in the description, you may add claims 7–12 at any time. — False
“At any time” is the problem.
Where claims (or parts of them) are missing because the application documents were filed erroneously/incompletely, the EPC provides a specific, time-limited correction mechanism under Rule 56a EPC, normally with a two-month period (by invitation or, in practice, within the same short window at filing stage).
Even though the subject-matter might be present in the description (so Art. 123(2) could be satisfied for later claim drafting), you cannot simply “add” the missing claim pages whenever you like, because the filing-stage defect is handled under Rule 56a with strict consequences (potential re-dating / disregarding the late-filed parts if not timely).
Rule 137(1) EPC (“no amendments before the search report unless otherwise provided”) is not the main reason here, but it supports the point that you can’t freely amend claims at will at this early stage unless a special provision (like Rule 56/56a) applies.
So c) is False.
d) Best solution is to withdraw EP-A and refile it, claiming priority from FR-A. — False
This is not the best solution and (as framed) is legally flawed:
- Priority was from IT-A filed 13 Sep 2024. The 12-month priority period expires on 13 Sep 2025 (Art. 87 EPC). A refile after you discover the omission on 22 Sep 2025 would be too late to validly claim that priority.
- Also “FR-A” appears to be a typo (priority is IT-A).
Since you are still within the Rule 56/56a remedy window, the proper approach is to file the missing parts promptly and invoke Rule 56(3) EPC (and the analogous Rule 56a mechanism for erroneous parts) to keep the filing date.
Hence d) is False.
Exam Tip:
When you see “missing pages/claims discovered shortly after filing”:
- Description/drawings missing → think Rule 56 EPC (2-month window; priority-based “no re-dating” via Rule 56(3)).
- Claims/pages of claims missing or wrong documents filed → think Rule 56a EPC (correction of erroneously filed documents/parts, strict 2-month framework).
- Always compute the “2 months from filing/invitation” and apply Rule 134(1) EPC if the last day is a weekend/closure day.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.