Where, in carrying out the examination under Article 45,
the Office notes that there are deficiencies which may be
corrected, the Office shall request the applicant to remedy them
within the prescribed period.
If the deficiencies concern the requirements referred to in
Article 36(1) and the applicant complies with the Office's
request within the prescribed period, the Office shall accord as
the date of filing the date on which the deficiencies are
remedied. If the deficiencies are not remedied within the
prescribed period, the application shall not be dealt with as an
application for a registered Community design.
If the deficiencies concern the requirements, including the
payment of fees, as referred to in Article 45(2)(a), (b) and (c)
and the applicant complies with the Office's request within the
prescribed period, the Office shall accord as the date of filing
the date on which the application was originally filed. If the
deficiencies or the default in payment are not remedied within
the prescribed period, the Office shall refuse the application.
If the deficiencies concern the requirements referred to in
Article 45(2)(d), failure to remedy them within the prescribed
period shall result in the loss of the right of priority for the
application.