Quick Navigation

 

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

 
 
Limited competence
313
The EPO has limited its competence as IPEA under certain conditions. The EPO will not carry out international preliminary examination in respect of any international application filed by a national or resident of the United States of America with the USPTO or the IB as the receiving Office, where such application contains one or more claims relating to the field of business methods as defined in Annex A of the Agreement EPO-WIPO (see point 198).
Agreement EPO-WIPO, Annex A 
OJ 2010, 304
314
Even if the EPO is competent as IPEA for an application claiming a business method, it may be that the EPO will not perform an examination for the reasons set out hereafter (see points 388 ff).
OJ 2007, 592
315
Where the IB was receiving Office, the EPO is not competent as IPEA for international applications relating to business methods (see point 198), if the international application could have been filed with the USPTO, unless the application could also have been filed with the EPO as receiving Office.