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9.4
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International applications (Euro-PCT applications)
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The general considerations relating to PCT applications are set out in E-IX. The examination of European applications made under the provisions of the PCT should be carried out in exactly the same way as for other European applications. Where, however, the search is performed by an International Searching Authority other than the EPO, the examiner may have to consider both the international search report (with the corresponding International Preliminary Report on Patentability or the International Preliminary Examination Report) and a supplementary search report (with the corresponding search opinion) prepared by the EPO (see B-II, 4.3).
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Art. 157
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Rule 109 lays down the framework for amending the application after entry into the European phase. Without prejudice to Rule 86(2) to (4), the application may be amended once, within a non-extendable period of one month as from notification of a communication informing the applicant accordingly, the communication being issued promptly after expiry of the time limit for entry into the European phase. Where applicable, the application as amended serves as the basis for any supplementary search under Art. 157(2) (see B-II, 4.3).
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Rule 109
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Where the EPO is an elected Office, the international preliminary examination report and the documents attached to it must be considered in accordance with E-IX, 6.4.
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