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D
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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
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IV.
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Review by the EPO as designated Office of Euro-PCT applications which fail in the international phase
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269
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At the request of the applicant, the EPO may review whether a refusal by the receiving Office to accord a filing date, or a declaration on the part of the receiving Office that a Euro-PCT application or the designation of a state is considered withdrawn, or a finding by the IB under Article 12(3) PCT, is the result of an error or omission on the part of the authority concerned, in which case the Euro-PCT application can proceed as a European application.
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Art. 25 PCT
R. 51, 82bisPCT
Art. 153(2) EPC
GL/EPO E-IX, 4.6
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To obtain such a review, applicants must take the following steps:
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The request to the IB under Article 25(1) PCT to send copies of documents in the files promptly to the EPO as designated Office must be made within the two-month time limit under Rule 51.1 PCT.
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The national fee must be paid and, where required, a translation of the Euro-PCT application furnished within the same two-month time limit (Rule 51.3 PCT). Applicants are recommended to undertake the remaining steps for entry into the European phase under Rule 107(1), and where appropriate Rule 110 EPC, at the same time (see point 172 ff, 199 ff).
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271
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If the applicant proves to the satisfaction of the EPO that the international filing date is incorrect owing to an error made by the receiving Office or that the priority claim has been erroneously considered by the receiving Office or the International Bureau not to have been made, and if the error is an error such that, had it been made by the EPO itself, the EPO would rectify it under the EPC law or practice, the EPO must rectify the error and treat the international application as if it had been accorded the rectified international filing date or as if the priority claim had not been considered not to have been made.
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R. 82ter PCT
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