Quick Navigation

 

Case Law of the Boards of Appeal

 
 
IX. The EPO acting as a PCT authority
Pursuant to Art. 150(2) EPC, international applications filed under the PCT may be the subject of proceedings before the EPO. In such proceedings, the provisions of the PCT and its Regulations apply, supplemented by the provisions of the EPC. In case of conflict, the provisions of the PCT and its Regulations prevail.
An applicant may file an international application for which the EPO is a designated Office (and optionally an elected Office). Such an application, once it has been accorded an international filing date, is equivalent to a regular European application and is generally referred to as a Euro-PCT application (Art. 153(2) EPC). Once the Euro-PCT application enters the regional phase before the EPO the appeal procedures provided for under the EPC supplement the provisions of the PCT (J 20/89, OJ 1991, 375).