The initial processing and formal examination of international applications in the international phase are carried out by PCT authorities and under provisions of the PCT. Unless there is a specific request from the applicant, the EPO acting as a designated or elected Office may not process or examine an international application prior to the expiry of 31 months from the date of filing of the application or, if priority has been claimed, from the earliest priority date (see E-IX, 5.5, 6.2). Since the EPO has not exercised the waiver referred to in Art. 20(1)(a) PCT, a copy of the international application will be furnished by the International Bureau. The EPO does not require the applicant to furnish a copy of the international application under Art. 22 PCT, even if the International Bureau has not communicated a copy under Art. 20 PCT (see PCT Gazette 14/1986, 2367).

Where the language of the international application is not an official language of the EPO, the applicant is required, in accordance with Art. 22 or 39 PCT and Rule 107(1)(a), to furnish a translation within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date. The application is deemed to be withdrawn if the translation is not furnished within that period. If the EPO finds that the application is deemed to be withdrawn for this reason, it communicates this to the applicant (Rule 108(3)). Rule 69(2) applies mutatis mutandis. The loss of rights is deemed not to have occurred if, within two months as from notification of the communication, the translation is filed and a surcharge under Art. 2, No. 3c, RFees is paid.