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Guidelines for Examination

 
 

1.2 Euro-PCT applications

If the application has proceeded via the PCT (Euro-PCT application), the six-month period under Rule 70(1) begins with the publication of the PCT search report or the declaration under Art. 17(2)(a) PCT. However, as is laid down in Art. 150(2), the time limit for requesting examination in a Euro-PCT case does not expire before the time prescribed in Art. 22 PCT and Art. 39 PCT (i.e. not before the time limit of Rule 159(1)(f)). The time limit will not be affected by whether a supplementary European search pursuant to Art. 153(7) needs to be made or whether the international application pursuant to Art. 153(4) is again published by the EPO.

If the request for examination of a Euro-PCT application has not been filed within the time limit, the application is deemed withdrawn under Rule 160(1). In such a case, however, the applicant has the possibility of filing a request for further processing pursuant to Art. 121.

Where the Euro-PCT application is subject to the preparation of a supplementary European search report (see B‑II, 4.3), once this search report to the applicant has been dispatched to him, the applicant is sent a communication according to Rule 70(2), inviting him to confirm the request for examination within six months of the notification of that communication (see E‑VIII, 2.5.3).