The filing date requirements under EPC 2000 will be in accordance with the Patent Law Treaty. Under EPC 2000, it will no longer be necessary to file claims or perhaps even a description in order to get a filing date!

Claims can be added to an application after filing under EPC 2000, without affecting the filing date.  However, patent applicants and attorneys should be wary of filing the claims after the filing date, as the strict requirements forbidding any new subject matter after filing will of course apply to late-filed claims.

In relation to the description, EPC 2000 provides that the applicant may omit the description and any drawings in favour of a reference to a previously filed application. The applicant may declare that the same reference also replaces the claims. The applicant must:

• state the filing date and number of the previous application and the Office with which it was filed
• indicate that it replaces the description and any drawings, and optionally the claims
• file a certified copy of the previous application within two months of filing
• file a translation of the previous application (if in another language) into English, French or German within the same two month period.