Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
1. The start of examination
1.1 Request for examination
1.1.3 Euro-PCT applications
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
1. The start of examination1. The start of examination
1.1 Request for examination1.1 Request for examination
  1.1.2 Acceleration of examination procedure1.1.2 Acceleration of examination procedure     1.1.4 Invention to be examined1.1.4 Invention to be examined  
 

1.1.3

Euro-PCT applications

 

If the application has proceeded via the PCT (Euro-PCT application), the above-mentioned six-month period begins with the publication of the PCT search report or the declaration under Art. 17(2)(a) PCT. However, as is laid down in Art. 150(2), the time limit for requesting examination in a Euro-PCT case does not expire before the time prescribed in Art. 22 and Art. 39 PCT. The time limit will not be affected by whether a supplementary European search pursuant to Art. 157(2) needs to be made or whether the international application pursuant to Art. 158(3) is again published by the EPO.

 

Art. 157(1)

Art. 150(2)

Art. 157(2)

Art. 158(3)



If the request for examination of a Euro-PCT application has not been filed within the time limit, it may still be validly filed within a period of grace of two months of notification of a communication pointing out the failure to observe the time limit, provided that within the period of grace a surcharge is paid. If the request for examination is not filed in due time, the application is deemed to be withdrawn. An applicant who has failed to observe the time limit for filing a request for examination of a Euro-PCT application cannot have his rights re-established (G 5/92 and 6/92, OJ 1-2/1994, 22 and 25).

 

Rule 108