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

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

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?

When should the demand for international preliminary examination be filed with the EPO?

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

114

The demand for international preliminary examination must be made using the prescribed form (PCT/IPEA/401 - see Annex VIII), copies of which are available free of charge from all receiving Offices, the IB and the EPO. The form may also be downloaded from the internet (http://www.wipo.int/pct/en/forms/demand/ed_demand.pdf).

Art. 31(3) and (6) PCT

R. 53 PCT

WIPO PCT Guide 327

The demand and any further document relating to the Chapter II procedure (eg arguments and amendments filed under Article 34(2) PCT) must be submitted to the EPO as IPEA and not to the receiving Office or the IB. The EPO as IPEA will indicate the date of receipt on the demand and promptly notify the applicant of that date. Each of the EPO filing offices is based in the Central European Time zone (CET) (see Annex IV).

Art. 34(2)(b) PCT

R. 61 PCT

The demand may be filed direct, by post or by fax, but cannot be filed in electronic form (see point 16 ff). As soon as electronic filing of the demand becomes possible, a notice will be published in all relevant sources of information (see point 2).

The documents submitted for the purposes of international preliminary examination should carry the international application number and should be clearly marked "PCT Chapter II". Identifying labels for documents pertaining to Chapter II are no longer in use. If the demand is filed by fax, no written confirmation is required but may be requested by the EPO as IPEA (see points 17 and see points 19).

OJ 2005, 41, 44