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 can the EPO act as 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 can the EPO act as elected Office?

When can the EPO act as designated Office?

When must the applicant decide on the scope of protection of the European patent?

When can the EPO act as elected Office?

160

For the EPO as an elected Office, the same requirements apply (see points 158 and 159). In addition, however, the EPO must have been elected in the demand for international preliminary examination. Since the filing of the demand constitutes the election of all PCT contracting states that were designated for where possible a national and a regional patent, this requirement will automatically be met unless the applicant has validly withdrawn that election (see points 7, 129).