Guidelines for Examination
PART A
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR...
1. General
1.1 Introduction
 

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PART A
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR...CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR...
1. General1. General
       1.2 Initial processing and formal examination; copy of the international application; translation1.2 Initial processing and formal examination; copy of the international application; translation  
 

1.1

Introduction

 

The general considerations relating to applications under the PCT for which the EPO acts are set out in E-IX.

 

Pursuant to Art. 150(3), an international application for which the EPO acts as a designated or elected Office is deemed to be a European patent application. For information about time limits and procedural steps before the EPO as a designated or an elected Office under the PCT, see the Guide for applicants "How to get a European patent, Part 2: PCT procedure before the EPO - Euro-PCT", April 2002. A new edition will be published soon. Fundamental changes of the Regulations under the PCT affecting the processing in the international phase entered into force on 1 January 2004. In the new edition only the new procedure, applicable to applications with a filing date on or after 1 January 2004, will be set out. The edition of April 2002, insofar as the former procedure in general is set out therein, is still useful for applications with a filing date before 1 January 2004.

 

Art. 150(3)



In order to initiate the European phase, the requirements for entry into the European phase according to Rule 107 must be complied with (see VII, 1.2 and VII, 1.3). For entry into the European phase, applicants are strongly recommended to use the most recent edition of Form 1200 obtainable from the EPO free of charge in printed form, as editable electronic document from the EPO website or as part of the epoline® Online Filing software.

 

This Chapter deals with the differences from the practice set out in earlier Chapters of this Part A of the Guidelines when dealing with such international applications as a designated or elected Office. However, it is necessary to consider briefly some of the provisions applicable to international applications as set out in VII, 1.2, VII, 1.3 and VII, 1.4 below.