Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
6. Conflict with other European applications
6.2 Euro-PCT applications
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
6. Conflict with other European applications6. Conflict with other European applications
  6.1a Requirements6.1a Requirements     6.3 Commonly designated States6.3 Commonly designated States  
 

6.2

Euro-PCT applications

 

The above principles also apply to PCT applications designating EP, but with an important difference. Art. 158 makes it clear that a PCT application is not included in the state of the art for the purposes of Art. 54(3) unless the PCT applicant has paid the required national fee and has supplied the PCT application to the EPO in English, French or German (this means that a translation is required where the PCT application was published in Japanese, Chinese, Spanish or Russian). The national fee comprises the national basic fee (the amount being equal to the filing fee) and the designation fees (Rule 106).

 

Art. 158(1), (2)