Provisions of Chapter A‑II ("Filing of applications and examination on filing")

The provisions of A‑II, 1 ("Where and how applications may be filed") do not apply to international applications, except where explicit reference is made to international applications, including Euro-PCT applications.

The PCT requirements corresponding to those of A‑II, 2 ("Persons entitled to file an application") are more restrictive, as in general the applicant must be a resident or national of a PCT contracting state and therefore no supplementary examination should be necessary.

The provisions of A‑II, 3 ("Procedure on filing") do not apply.

The provisions for late filing of missing parts completely contained in the priority document (Rule 56) also exist under the PCT (Rule 20.5 to 20.8 PCT). Both sets of provisions apply in parallel. A request under Rule 56 must be filed within two months from the date of filing or from a communication of the receiving Office under Rule 20.5(a) PCT (see Rule 56(3)). As a request under Rule 56 is directed to the EPO as designated/elected Office, the applicant must have effectively requested "early processing" under Art. 23(2) PCT before expiry of the two-month period under Rule 56(3) (see E-IX, 2.8).

The date of filing (see A‑II, 4 ("Examination on filing")) of a Euro-PCT application is that accorded under the PCT by the PCT authority which acted as the receiving Office, unless correction as a consequence of review by the EPO as designated/elected Office under Art. 24 or 25 PCT or Rule 82ter PCT applies (see E-IX, 2.9, and the latest version of the Guide for applicants: "’Euro-PCT Guide’: PCT procedure at the EPO"). The formalities examination upon entry into the European phase encompasses all checks required to verify that the requirements of Rules 159 and 163 have been met.

If the application is not deemed to be withdrawn, a copy of the application is referred to the search division for drawing up any supplementary European search report, if necessary (see E‑IX, 3.1).

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