(1) The date of filing of the patent application is the date on which the documents referred to in section 34 (3) no. 1 and no. 2 and, if they at any rate contain particulars which by all appearances are to be regarded as a description, were received, in accordance with section 34 (3) no. 4, by
1. the German Patent and Trade Mark Office, or
2. a patent information centre if such agency has been determined by notice published by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazette.
(2) If the application contains a reference to drawings and no drawings have been enclosed with the application, or if at least part of a drawing is missing, the German Patent and Trade Mark Office invites the applicant to either subsequently file the drawings within one month after service of the invitation or to declare that the reference is to be deemed not to have been made. If the applicant subsequently files the missing drawings or the missing parts following such invitation, the date on which the German Patent and Trade Mark Office receives the drawings or the missing parts is the date of filing; otherwise the reference to the drawings is deemed not to have been made.
(3) Subsection (2) applies accordingly to any missing parts of the description.