Guide for Applicants - Part 2
How to get a European patent
 


 

D  /  E




 
Guide for Applicants - Part 2    
C. The EPO as an International Searching Authority (ISA) - PCT Chapter I B. The EPO as a PCT receiving Office D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II
I. General   II. The procedure before the EPO as ISA
Specification by the receiving Office Competence of the EPO as an ISA Limited competence

Specification by the receiving Office


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The EPO acts as ISA for any application on condition that the relevant receiving Office has specified the EPO as ISA.


On 1 December 2005 the following states had not specified the EPO as ISA (and IPEA): United Arab Emirates (AE), Australia (AU), China (CN), Comoros (KM), Democratic People's Republic of Korea (KP), Republic of Korea (KR), Oman (OM), Papua New Guinea (PG), Libyan Arab Jamahirya (LY), Saint Kitts and Nevis (KN).


Up-to-date information is available in WIPO PCT Guide Vol. I/C and on the WIPO website (see point 2).


Canada has informed the IB that the EPO no longer acts as ISA (and IPEA) for international applications filed on or after 26 July 2004 with the Canadian patent office as receiving Office.


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If the IB has been acting as receiving Office, the EPO is competent as ISA (and IPEA) if the international application could have been filed with a receiving Office which has specified the EPO as ISA.

Agreement EPO-WIPO, Art. 3(3)

OJ 2001, 601