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)..., II. What must the applicant do to initiate the European phase?, Minimum requirements

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

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

Minimum requirements

Accelerated prosecution of applications - the PACE programme

Amounts of fees to be paid in the European phase

Minimum requirements

171	The EPO is sent the copy of the international application required under Article 22(1) or 39(1) PCT by the International Bureau. Therefore, the applicant does not as a rule need to submit a copy of the application to the EPO (see points 167 and 168).

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

172	In order to initiate the European phase the applicant must take at least the following steps within 31 months of the filing date or, if priority has been claimed, of the earliest priority date:

Art. 157(2)(b), 158(2) EPC

supply the translation, if the Euro-PCT application was not published in one of the EPO's official languages (see point 199 ff),

R. 107(1)(a) EPC

specify the application documents on which the European grant procedure is to be based (see point 187 ff),

R. 107(1)(b) EPC

pay the national fee, comprising a national basic fee and the designation fees (see point 212 ff),

R. 106, 107(1)(c) and (d) EPC

pay the search fee, if a supplementary European search report is required (see point 237 ff),

R. 107(1)(e) EPC

file the request for examination and pay the examination fee (see point 246 ff)

R. 107(1)(f) EPC

pay, where appropriate, the renewal fee for the third year (see point 259 ff), and

R. 107(1)(g) EPC

pay, where applicable, the claims fee (see point 242 ff).

R. 110(1) EPC

Moreover, applicants with neither residence nor place of business in an EPC contracting state are strongly advised to appoint in due time a professional representative (see point 180 ff).