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


 

D  /  E




 
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 ANNEX I Terms and abbreviations
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?
Time limit for entry into the European phase When is the EPO a designated or elected Office? When can the EPO act as designated Office?

Time limit for entry into the European phase


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Pursuant to Rule 107(1) EPC in the version in force as from 2 January 2002, the applicable time limit for entry into the European phase is always 31 months from the filing date or, if priority has been claimed, from the earliest priority date (see point 117). This 31-month time limit thus applies irrespective of whether or not a demand for preliminary examination was filed (on time) (see points 117-119). As a consequence, the procedure before the EPO as designated or elected Office can and will be dealt with - unlike in the previous version of this guide - in one and the same chapter.

Art. 22(3), 39(1)(b) PCT

R. 107(1) EPC