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?, No supplementary European search is performed

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?

No supplementary European search is performed

A supplementary European search is performed

No supplementary European search is performed

232	Only in two situations has the obligation to draw up a supplementary European search report been dispensed with:

Art. 157(3)(a) EPC

OJ 1979, 4, 50, 248 OJ 1995, 511

OJ 2005, 422, 435, 546

Firstly, in each case where the ISR was drawn up by the EPO itself.

Secondly, if the international application was filed before 1 July 2005 and the ISR was established by the Austrian, Spanish or Swedish patent office.

233	If such dispensation applies, it applies also if a declaration of non-establishment under Article 17(2)(a) PCT has been issued instead of an ISR, since for the purposes of Article 157 EPC such declaration replaces the ISR.

Art. 17(2)(a) PCT

234	If no supplementary European search report is to be drawn up, the Euro-PCT application will, following formalities examination, be passed on for substantive examination as soon as a valid request for examination has been filed (see point 246 ff).