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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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No payment of additional fee(s)
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97
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The lack of an ISR and WO-ISA in respect of those parts of the international application for which no additional search fee was paid, has not, of itself, any influence on the validity of the international application. However, the national law of any designated Office may provide that the non-searched parts are considered withdrawn unless a special fee is paid (see the information in WIPO PCT Guide Vol. II/A-D). As regards the consequences for the procedure in the European phase, see point 272 ff.
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Art. 17(3)(b) PCT
WIPO PCT Guide 287
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98
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With regard to the (further) procedure in the international phase, it is to be noted that if a claim relates to an invention in respect of which no ISR and WO-ISA has been established, the EPO as IPEA will not carry out international preliminary examination in respect of that claim (see point 147). This applies also if amendments and/or comments under Article 34(2) PCT were filed.
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R. 66.1(e) PCT
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