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Guidelines for Examination

 
 

2.1.2 Initial processing and formal examination; copy of the international application; translation

The initial processing and formal examination of international applications in the international phase are carried out by PCT authoritiesunder the PCT. Unless there is a specific request from the applicant, the EPO acting as a designated or elected Office may not process or examine an international application prior to the expiry of 31 months from the date of filing of the application or, if priority has been claimed, from the earliest priority date (31-month time limit), (see E‑VIII, 2.8 and 2.5.2). Since the EPO has not exercised the waiver referred to in Art. 20(1)(a) PCT, a copy of the international application will be furnished by the International Bureau. The EPO does not require the applicant to furnish a copy of the international application under Art. 22 or 39 PCT, even if the International Bureau has not yet communicated a copy under Art. 20 PCT at the time the application enters the European phase (see PCT Gazette 14/1986, 2367).

Where the language of the international application is not an official language of the EPO, the applicant is required, in accordance with Art. 22  or 39 PCT and Rule 159(1)(a), to furnish a translation within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (31-month time limit). The application is deemed to be withdrawn if the translation is not furnished within that period (Rule 160(1)). If the EPO finds that the application is deemed to be withdrawn for this reason, it communicates this to the applicant (Rule 160(3)). Rule 112(2) applies mutatis mutandis. The loss of rights is deemed not to have occurred if, within two months as from notification of the communication, the translation and a valid request for further processing (including the payment of the requisite fee) are filed (Art. 121 and Rule 135(1)).

Where an international application was filed and published in the international phase in an official language of the EPO, it is not possible to change the language of the proceedings on entry into the European phase by filing a translation of that application into either of the other two official languages of the EPO (see G 4/08). In such cases, the language of the proceedings within the meaning of Art. 14(3) remains the language in which the application was published by WIPO's International Bureau and cannot be changed.