(1) If the application obviously does not meet the requirements of sections 34, 36, 37 and 38, the examining section invites the applicant to correct the deficiencies within a specific time limit. If the application does not comply with the provisions in respect of the form and other requirements of the application (section 34 (6)), the examining section may refrain from objecting to these deficiencies up until the commencement of the examination procedure (section 44).
(2) If the subject matter of the application is obviously
1. not, by its nature, an invention,
2. not susceptible of industrial application, or
3. excluded from the grant of a patent under section 1a (1), section 2 or section 2a (1),
the examining section communicates this to the applicant, citing the reasons, and invites him or her to comment within a specific time limit.
(3) The examining section refuses the application if the deficiencies noted in accordance with subsection (1) are not corrected or if the application is maintained although the invention is obviously not patentable (subsection (2) nos. 1 to 3). If the refusal is to be based on circumstances which have not yet been communicated to the patent applicant, he or she is first to be given the opportunity to comment within a specific time limit.