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

Most contracting states apply Article 22 PCT as amended with effect from 1 April 2002. For these states, the 30/31-month time limit for entry into the national/regional phase applies regardless of whether the applicant has submitted the demand for international preliminary examination within 19 months from the (earliest) priority date.

The EPO too applies Article 22 PCT as amended with effect from 1 April 2002. Therefore, the time limit for entry into the European phase is always 31 months from the priority date (see points 414 ff).

However, in respect of a small number of designated Offices, old Article 22(1) PCT still applies. The list of the contracting states for which that provision is still applicable is published on the WIPO website (see point 12). According to the latest information from WIPO available on 7 September 2012, the 20/21-month time limit applies to the following states: Luxembourg (LU), United Republic of Tanzania (TZ) and Uganda (UG). However, in respect of the regional designation of each of these states, the time limit under amended Article 22 PCT applies[ 27 ].

Moreover, for these states, the applicant must respect the 19-month time limit even where the ISR and the WO-ISA are not yet available. In other words, a delay in the international search does not have as a consequence that the 19-month time limit is changed, since this time limit is exclusively calculated on the basis of the (earliest) priority date.