|
D
/
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
 |
|
Nucleotide and amino acid sequences
|
93
|
On 1 April 2005, amended Rule 13ter PCT entered into force and applies to any international application filed on or after this date and also to any international application in respect of which a demand is filed on or after 1 April 2005, irrespective of the date of filing of that application (see point 154 ff).
| |
R. 5.2, 13ter.1 PCT
WIPO PCT Guide 271 - 278
GL/EPO A-VII, 4.2
|
|
If the sequence listing to an international application is not available in electronic form and/or does not comply with the standard provided in the Administrative Instructions (WIPO ST 25), the EPO as ISA will invite the applicant to furnish the sequence listing in such form and pay a late furnishing fee.
|
PCT Gazette 48/2004, p. 28050
OJ 2005, 225
|
Moreover, if the application was (partly) filed on paper and the applicant has filed the sequence listing neither on paper nor in electronic form complying with the standard provided for in the Administrative Instructions (WIPO ST 25), the EPO as ISA will invite the applicant to furnish the sequence listing in paper form complying with that standard under payment of a late furnishing fee.
|
94
|
If, within the time limit set, the applicant has not submitted the sequence listing in the required form and has not paid the late furnishing fee, the EPO as ISA will carry out the international search without the sequence listing to the extent that a meaningful search can be carried out without such listing.
| |
R. 13ter.1(d) PCT
|
|
If both deficiencies apply, only one late furnishing fee will be due. This is for instance the case if the sequence listing filed in paper form does not comply with the standard and no sequence listing in electronic form was filed. The late furnishing fee must not exceed 25% of the international filing fee. The extra charge for sheets in excess of 30 pages is not taken into account.
|
R. 13ter.1(c) PCT
|
|
|
|
| |
