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1.
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General remarks
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The EPO may act as a "designated Office" or an "elected Office" for an international application filed under the Patent Cooperation Treaty (PCT) designating "EP" (Euro-PCT application). Such application is thereby deemed to be a European application (Euro-PCT application) for the purposes of the EPC. However, in the case of Euro-PCT applications, the provisions of the PCT apply in addition to those of the EPC, and where there is conflict between them, e.g. in the case of certain time limits, the provisions of the PCT prevail. The EPO acts as a designated Office for Contracting States to the EPC in respect of which the PCT has entered into force and which are designated in the international application when the provisions of Art. 153(1), apply. The EPO is an elected Office when the conditions referred to in Art. 156 apply (for details see IX, 6.1).
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Art. 153
Art. 156
Art. 150(3)
Art. 153(1)
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In addition to being a designated Office, the EPO may act as a receiving Office and also as an International Searching Authority (ISA) under the PCT within the terms set out in Art. 151 and 154. Furthermore, the EPO may act as an International Preliminary Examining Authority (IPEA) under the terms of Art. 155. There are thus the following possibilities for a European application filed under the provisions of the PCT:
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Art. 151
Art. 154
Art. 155
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(i)
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the filing of the application and the international search take place at an office or offices other than the EPO (e.g. the Japan Patent Office). The EPO acts as a designated Office;
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(ii)
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the application is filed at another office (e.g. the United Kingdom Patent Office) but the EPO performs the international search. The EPO acts as International Searching Authority and as a designated Office;
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(iii)
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the application is filed at the EPO, which also performs the international search. The EPO acts as receiving Office, International Searching Authority and designated Office;
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(iv)
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in addition to the cases mentioned under (i) - (iii), the applicant files a demand for international preliminary examination and elects the EPO from among the designated Offices. The EPO is the "elected Office";
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(v)
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the EPO is the International Preliminary Examining Authority. It may carry out this function without being the receiving Office, a designated Office or an elected Office. The EPO can, however, only act as an IPEA if the international search was carried out by the EPO or by the Austrian, Spanish or Swedish Patent Office.
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In case (i), the European application will be accompanied by an international search report drawn up by another office. In cases (ii) and (iii), the international search report will be prepared by the Search Division of the EPO. In case (iv), the international search report and the international preliminary examination report may be drawn up by the EPO or by another International Searching Authority and International Preliminary Examining Authority.
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CHAPTER IX APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT)
2. The EPO as a receiving Office
