Guide for Applicants - Part 2:How to get a European patent: E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)..., I. General, When is the EPO a designated or elected Office?

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

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)...

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

I. General

II. The international preliminary examination procedure before the EPO as an IPEA

II. What must the applicant do to initiate the European phase?

When is the EPO a designated or elected Office?

Confidentiality of the international preliminary examination

Time limit for entry into the European phase

When is the EPO a designated or elected Office?

156

If an applicant enters the regional phase before the EPO (hereinafter "the European phase", see point 6) without having requested preliminary examination, the EPO will act as a so-called "designated Office" (see point 64 ff). However, if before entering the European phase the application was processed under PCT Chapter II, the EPO will act in the European phase as a so-called ''elected Office'' (see point 101 ff).

Art. 150(3), 153 EPC, Art. 156 EPC

Art. 31 PCT

GL/EPO E-IX, 5-6