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1. The Office shall examine whether the application for a registered EU design complies with the requirements for the accordance of a date of filing laid down in Article 38.

2. The Office shall examine whether:

(a) the application for a registered EU design complies with the requirements referred to in Article 36(2), (3) and (5) and, in the case of a multiple application, in Article 37(1) and (3);

(b) where relevant, the additional fee for deferment of publication pursuant to Article 36(4) has been paid within the prescribed period;

(c) where relevant, the additional fee for deferment of publication in respect of each design included in a multiple application pursuant to Article 37(2) has been paid within the prescribed period.

3. Where the application for a registered EU design does not satisfy the requirements referred to in paragraph 1 or 2, the Office shall request the applicant to remedy the deficiencies or the default on payment within two months of the notification of that request.

4. If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 1, the application shall not be dealt with as an application for a registered EU design. If the applicant complies with that request with regard to those requirements, the Office shall accord as the date of filing of the application the date on which the deficiencies or the default on payment are remedied.

5. If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 2, points (a) and (b), the Office shall refuse the application.

6. If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 2, point (c), the application shall be refused in respect of the additional designs unless it is clear which designs the amount paid is intended to cover. In the absence of other criteria to determine which designs are intended to be covered, the Office shall treat the designs in the consecutive numerical order in which they are contained in the multiple application. The application shall be refused in respect of those designs for which the additional fee for deferment of publication has not been paid or has not been paid in full.

7. Failure to satisfy the requirements concerning a priority claim shall result in the loss of the right of priority for the application.