When should the demand for international preliminary examination be filed with the EPO?
 |
·
|
|
three months from the date of transmittal to the applicant of the ISR and WO-ISA by the ISA, or
|
|
·
|
|
22 months from the (earliest) priority date.
|
This time limit guarantees that the applicant has at least three months to decide whether he wants to file a demand with arguments and amendments.
If the demand is submitted after expiry of this time limit, the demand is considered not submitted.
|
The EPO as IPEA will not start preliminary examination before expiry of this time limit, unless the applicant requires an earlier start. This means that arguments and/or amendments under Article 34 PCT filed after filing of the demand, but before expiry of this time limit, must be taken into account for international preliminary examination (see point 140).
|
R. 69.1(a) PCT
WIPO PCT Guide 377
|
|
116
|
Where the WO-ISA is considered a first written opinion (see point 141), a single extension of one month for filing a reply (amendments and arguments) is in principle granted if requested before expiry of the normal time limit under Rule 54bis PCT and on condition that the time limit so extended does not expire later than 25 months from the (earliest) priority date (see also point 146). The extension does not concern the time limit for filing the demand, which cannot be extended.
|
|
