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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)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
I. General
How and where should the applicant initiate the procedure before the EPO as a designated/elected Office (Form 1200)?
How and where should the applicant initiate the procedure before the EPO as a designated/elected Office (Form 1200)?
420
For entry into the European phase, applicants are strongly recommended to use the latest version of Form 1200 (Annex XI).
Art. 22, 39 PCT R. 49.4, 76.5 PCT
421
The form may be downloaded from the EPO website[ 28 ]. Applicants are advised to read the explanatory notes carefully before completing the form.
422
The form must be filed with the EPO direct. It should not be sent either to the IB or to an authority of an EPC contracting state competent to receive European patent applications.
OJ 2007 Spec.Ed.3, A.3
423
If filed in paper form, either by post or by fax, only one copy of the document must be submitted. If the form is filed by fax, a confirmation copy must be filed only on invitation by the EPO.  
424
Form 1200 may also be filed in electronic form, online or on an admissible data carrier using the EPO Online Filing software. The (basic part of the) filing fee is reduced if Form 1200 is filed online (see point 532)[ 29 ].
OJ 2007, Spec.Ed.3, A.5
Art. 2.1 RFees
OJ 2009, 182
OJ 2012, 448
425
Since the IB sends to the EPO as designated/elected Office a copy of the international application and the ISR (including the WO-ISA) and, where applicable, also the IPER with annexes, the applicant should not file these documents (see point 449). However, the applicant may have to file a translation of the international application and further documents as set out below (see points 505 ff).
Art. 20, 36(3) PCT
R. 73 PCT
426
Applicants must indicate the European application number, which as a rule is communicated to them approximately ten months after international publication (EPO Form 1201). Applicants who have not yet been notified of this number when performing the required steps for entry into the European phase may instead cite the PCT application number or the PCT publication number. 
 
[ 28 ]
www.epo.org/patents/Grant-procedure/Filing-an-application/European-applications/forms.html
[ 29 ]
www.epoline.org/portal/public