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


 

D  /  E




 
Guide for Applicants - Part 2    
D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II C. The EPO as an International Searching Authority (ISA) - PCT Chapter I E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
I. General II. The procedure before the EPO as ISA II. The international preliminary examination procedure before the EPO as an IPEA
Defects in the demand and how they can be corrected Refund of the fee for international preliminary examination Which documents form the basis of the international preliminary examination? - Amendments

Defects in the demand and how they can be corrected


137

If the demand does not comply with the requirements, the EPO as IPEA invites the applicant to correct the defects within one month of the date of the invitation. If the applicant complies with the time limit, the demand is deemed to have been received on the actual filing date, provided that the demand as submitted sufficiently identified the international application.

R. 60.1 PCT
WIPO PCT Guide 372 - 376



If the applicant does not comply with the invitation in due time, the demand is deemed not to have been submitted.


138

Where there is more than one applicant, a frequent defect concerns failure to provide the required indications and/or the signatures of all the applicants. However, if the required indications are available in respect of one of the applicants and the demand is signed by one of them, this is considered sufficient and no invitation will be issued.

R. 53, 60.1(a-bis), 60.1(a-ter) PCT