Guide for Applicants - Part 2:How to get a European patent: D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II, I. General, Who may file a demand for international preliminary examination with the EPO?

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

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

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 international preliminary examination procedure before the EPO as an IPEA

Who may file a demand for international preliminary examination with the EPO?

How and where is the demand for international preliminary examination by the EPO filed?

Who may file a demand for international preliminary examination with the EPO?

113

Sole applicants must have their residence in, or be a national of, a PCT contracting state bound by PCT Chapter II. If there are two or more applicants at least one of them must meet these requirements. Secondly, the international application must have been filed with a receiving Office of or acting for a PCT contracting state bound by PCT Chapter II.

Art. 31(2)(a) PCT

R. 18.1, 54.2 PCT
WIPO PCT Guide 325, 338, 339
Art. 155 EPC
OJ 1997, 593

At 1 December 2005, all PCT contracting states were bound by Chapter II and therefore these requirements do not stand in the way of the applicant filing a demand, if the international application was validly filed.