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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
II. The international preliminary examination procedure before the EPO as an IPEA
Nucleotide and amino acid sequences
Nucleotide and amino acid sequences
389
If the ISR was not drawn up in full or in part because the sequence listing was not available to the ISA in electronic form in the specified format (see point 260), this may affect the procedure under Chapter II PCT.
R. 13ter.2, 66.1(e) PCT
OJ 2011, 372, 376
390
If no sequence listing in electronic form complying with the requirements is available to the EPO as IPEA, the applicant may be invited to furnish that sequence listing in the required form and format and to pay the late furnishing fee.  
391
If no (full) international search was carried out, the EPO as IPEA will not perform the international preliminary examination if a meaningful examination cannot be performed (see point 382). In such cases an invitation to file a sequence listing under Rule 13ter.2 PCT is not issued by the EPO as IPEA and applicants are advised not to file sequence listings at this late stage.