What happens if the patent claims are not filed with the application?
Under Rule 40(1) EPC 2000, the inclusion of a patent claim is not a requirement for the accordance of a date of filing. However, the Receiving Section will check, as part of the examination as to formal requirements, whether the application contains one or more claims or a reference to a previously filed application indicating that it replaces also the claims (see Rule 57(c) EPC 2000). If the application does not comply with this requirement, the applicant will be invited to correct the deficiency within two months. However, applicants should bear in mind that the EPO cannot begin to draw up the European search report until it has received a patent claim or claims (or a corresponding reference to a previous application). In this connection it should also be noted that the subject-matter of subsequently filed patent claims may not extend beyond the content of the application as originally filed. The examination under Article 94 EPC 2000 will therefore include the question whether the su
