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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Choice of ISA and consequences
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69
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If the receiving Office has specified more than one ISA, the applicant must indicate his choice of ISA in the PCT request (Box No. VII) and in the Fee Calculation Sheet (Box No. 2) (see Annex VI). More than one ISA may not be selected. For example, the EPO may be chosen as ISA for applications filed with the USPTO and for applications in English filed with the JPO as receiving Office. Applicants considering their choice of ISA are advised to bear in mind that the EPO will only act as an IPEA if the international search was carried out by the EPO or by the Austrian, Finnish, Spanish or Swedish patent office (see point 108).
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R. 4.1(b)(iv) and 4.14bis PCT
Agreement EPO-WIPO, Art. 3(2)
OJ 2001, 601
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70
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If the EPO acts as ISA, the supplementary search report is dispensed with and no search fee will be due on entry into the European phase (see point 232). Further, if the EPO acts as IPEA, a reduction of 50% on the fee due for examination in the European phase is granted (see point 255).
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