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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
IV. Application documents on which the procedure before the EPO as designated/elected Office is based (Form 1200, Section 6)
Information on prior art (Form 1200, Section 6.3)
Information on prior art (Form 1200, Section 6.3)
473
If the applicant has claimed the right of priority of one or more earlier applications, he must on entry into the European phase file the results of any search carried out by or on behalf of the office of first filing (OFF) for each application whose priority is claimed. This obligation applies to international applications filed as from 1 January 2011. 
Art. 124 EPC
R. 70b, 141 EPC
OJ 2010, 410, 600
OJ 2011, 62, 64
474
The obligation applies irrespective of the form and format in which the search results are drawn up, for instance a search report, a listing of cited prior art or a (relevant) part of an examination report. The applicant must file a complete copy of each relevant document as received from the authority concerned. However, neither a translation of the search results nor a copy of the documents cited therein need be filed. 
475
If the search results for the priority application(s) are not available at the time of entry into the European phase, the applicant must file them as soon as he receives them.  
476
No action is required on the part of the applicant where an exemption applies. Firstly, this is the case if the EPO is the authority that performed the search on a claimed priority application and established a search report of one of the following types: a European search report, an ISR, an international-type search report or a search report on a national application drawn up on behalf of a national office (Belgium, Cyprus, France, Greece, Italy, Luxembourg, Malta, Netherlands, Turkey).  
OJ 2010, 600
477
A further exemption from the obligation to file a copy of any search results for a priority application applies if priority is claimed of a first filing made in:  
–
Austria 
OJ 2012, 540
–
Japan 
–
United Kingdom 
–
United States of America. 
478
If the search results regarding any claimed priority application have to be filed with the EPO but are not received, the applicant will be invited to file, within a period of two months set in the invitation, the copy of the missing search results and/or a statement that these results are (in whole or in part) not available to him. The invitation will be issued at the time the examining division assumes responsibility for the application.