Chapter II – Formal requirements to be met before the start of the international preliminary examination

2. The EPO as competent IPEA

A revised version of this publication entered into force.

The IPEA receiving the demand should ensure that it is competent to act as IPEA.

Although the EPO's competence as an IPEA is not restricted to international applications from EPC contracting states, restrictions of various nature limit its competence.

Art. 31(6)(a) and Art. 32, Rule 59.3

In particular, the EPO is competent to act as IPEA only if the international search was carried out by the EPO or by the Austrian, Finnish, Spanish, Swedish or Turkish patent office, the Nordic Patent Institute (NPI) or the Visegrad Patent Institute (VPI).

Agreement EPO-WIPO,
OJ EPO 2017, A115
OJ EPO 2018, A24