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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II PCT
I. General
How and where is the demand for international preliminary examination to be filed?
How and where is the demand for international preliminary examination to be filed?
318
The demand for international preliminary examination must be made using the prescribed form (PCT/IPEA/401 - see Annex IX), copies of which are available free of charge from all receiving Offices, the IB and the EPO. The form may also be downloaded from the WIPO website[ 26 ].
Art. 31(3) PCT
R. 53 PCT
WIPO PCT Guide 10.012 
319
The demand and any further document relating to the Chapter II procedure (e.g. amendments and/or arguments filed under Article 34 PCT) must be submitted to the EPO as IPEA and not to the receiving Office or the IB. The EPO as IPEA will indicate the date of receipt on the demand and promptly notify the applicant of that date.
Art. 31(6), 34(2)(b) PCT
R. 59.3, 61 PCT
WIPO PCT Guide 10.006 
320
The demand may be filed with the EPO as IPEA direct, by post or by fax (see points 66-77). The demand cannot be filed in electronic form yet. As soon as electronic filing of the demand becomes available, a notice will be published in all relevant sources of information (see point 11 ff).
321
If the demand is filed by fax, no written confirmation needs to be filed unless the applicant is invited by the EPO as IPEA to do so (see point 77).
R. 92.4(e), (g) PCT
OJ 2007, Spec.Ed.3, A.3 (Art. 3 and 7 of the Decision)
322
The EPO filing offices are located in the Central European Time (CET) zone (see Annex V).
 
[ 26 ]
www.wipo.int/export/sites/www/pct/en/forms/demand/ed_demand.pdf