Quick Navigation

Print
 

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
When should the demand for international preliminary examination be filed with the EPO?
When should the demand for international preliminary examination be filed with the EPO?
323
Pursuant to Rule 54bis PCT, the demand may be validly submitted at any time prior to expiry of whichever of the following periods expires later:
R. 54bis PCT
WIPO PCT Guide 10.010 
–
three months from the date of transmittal to the applicant of the ISR and WO-ISA by the ISA, or 
–
22 months from the (earliest) priority date. 
324
This time limit guarantees that the applicant has at least three months from the date of mailing of the ISR to decide on the basis of the result of the international search laid down in the ISR and the WO-ISA whether he wants to file a demand with amendments and/or arguments. 
325
If the demand is submitted after expiry of this time limit, the demand is considered as if it had not been submitted.
R. 54bis.1(b) PCT
326
The applicant should be aware that the possibilities to withdraw a demand and obtain a refund of the fee paid are limited (see point 359).
R. 90bis.4 PCT