The role of the EPO in the European phase

6 Once an international application has entered the national phase before the EPO, the international application is said to be in the European phase.

Art. 11(3) PCT Art. 150(3) EPC WIPO PCT Guide 44

The time limit for entering the European phase is 31 months from the filing date or, if priority has been claimed, from the earliest priority date (see point 157). The time limit for entry into the national phase in several EPC contracting states is only 30 months. It follows that if the applicable time limit for entry into the national phase before the national office of such state is missed, patent protection for that state may still be obtainable via a European patent. An up-to-date overview of the applicable time limit for entry into the national phase in each PCT contracting state is available on the WIPO website.

If an international application enters the European phase, the EPO will act:

Art. 153 EPC and Art. 156 EPC

·

as designated Office if the international application was only processed under PCT Chapter I proceedings (see point 156 ff);

·

as elected Office if the international application was also processed under PCT Chapter II proceedings (see points 101 ff and 156 ff).