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Guidelines for Examination

 
 
3.3.5
Indications on Form 1200 

In all cases mentioned in E-VIII, 3.3.1, it is important that the applicant clearly indicates on Form 1200 which documents are to form the basis for further prosecution of the application (see E-VIII, 6.1the Euro-PCT Guide ("How to get a European patent, Guide for applicants, Part 2, PCT procedure before the EPO")). Failure to make the appropriate indications on Form 1200 and/or provide copies and/or translations of the amended application documents as indicated below will result in the applicant being required to respond to the invitation according to Rule 161(1).

Form 1200

In particular:

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In case (i) mentioned in E-VIII, 3.3.1, comments and/or amendments (the latter according to Rule 159(1)(b)) which are filed on entry into the European phase will be considered to constitute a response to the WO-ISA, the SISR or the IPER only if the applicant indicates on Form 1200 that such amendments and/or comments are to form the basis for further prosecution of the application and have been filed no later than the date of filing of Form 1200.
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In case (ii) mentioned in E-VIII, 3.3.1, amendments filed in the international phase will be considered to be a response to the WO-ISA, the SISR or the IPER only if the applicant indicates on Form 1200 that these amendments are maintained on entry into the European phase and also provides a translation thereof in the language of the proceedings, where necessary. Furthermore, a copy of the amendments under Art. 34 PCT (not made before the EPO as IPEA) would also be required no later than the date of filing of Form 1200.
References

Form 1200