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Guidelines for Examination

 
 
2.1.4
PCT vs. EPC provisions 

In proceedings before the EPO relating to international applications, the provisions of the PCT are applied, supplemented by the provisions of the EPC. In case of conflict, the provisions of the PCT prevail. The EPO cannot require compliance with requirements relating to form or contents of the international application different from or additional to those which are provided for in the PCT. As a result of the overriding PCT provisions and the requirements of Part X of the EPC, i.e. Art. 150 to 153, relating to international applications pursuant to the PCT, the practice set out in the earlier Chapters of this Part A of the Guidelines does not necessarily hold good for international applications. In particular, where the PCT international publication was in an official EPO language, it is not necessary for the Receiving Section to subject the copy of the application furnished to the EPO to a formalities examination except to the extent indicated later. On the other hand, where it is necessary to furnish a translation of the international application, the Receiving Section must carry out for that translation a more extensive formalities examination.

Hereafter, the formalities examination of an international application upon entry into the European phase is considered, insofar as it differs from that applicable to European direct applications, by reference to the provisions of appropriate sections of Part A.

References

Art. 150(2)