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Guide for applicants. Part 2

How to get a European patent (Part 2) - PCT procedure before the EPO ("Euro-PCT")

Part 1 of the "Guide for applicants" aims to provide inventors, companies and their representatives with an outline of the procedure for granting European patents, offering practical advice to smooth the way through the various stages.

The Guide cannot go into all the details of the European patent grant procedure, and it does not constitute an official commentary on the European Patent Convention (EPC).

If you need more detailed information, you are advised to consult the Guidelines for Examination in the European Patent Office, a comprehensive guide to every stage of the grant procedure and to EPO practice.

Part 2 of the "Guide for applicants" is aimed at those interested in pursuing the procedure under the PCT and focuses on elements specific to the PCT procedure before the EPO. This part of the Guide is referred to as the "Euro-PCT Guide" to distinguish it from the PCT Applicant's Guide published by WIPO (WIPO PCT Guide), which is available on the WIPO website.

The "Euro-PCT Guide" aims to cover all the points to note when the EPO acts in its capacity as:

• a receiving office,
• an international searching authority and international preliminary examining authority, and/or
• a designated or an elected office.

Annex II shows the different phases of a Euro-PCT application and Annex III provides information on the time limits to be respected.

A completely revised third edition of the "Guide for applicants" Part 2 (Euro-PCT) was issued in December 2005. It takes account of the far-reaching changes affecting PCT filings as from 1 January 2004, adopted by the PCT Assembly as part of the ongoing PCT reform exercise. These relate in particular to the new rules on enhanced international search and preliminary examination, the new all-inclusive designation system and the uniform time limits for entry into the regional phase.

The third edition is already out of date as a consequence of the entry into force of the EPC 2000. In the international phase most of the changes in the procedures before the EPO relate to the withdrawal of the reservations to the PCT provisions made under the EPC 1973. The changes in the procedure before the EPO as designated/elected Office in the European phase relate only in part to the withdrawal of these reservations. In addition, several aspects of the procedure upon entry into European phase have been clarified. Last but not least, a new procedure now applies to international applications not complying with the requirement of unity of invention upon entry into the European phase (Rule 164 EPC 2000).

A revised 4th edition of the "Euro-PCT Guide" is under preparation and scheduled for publication in 2008. In the meantime, users are advised to refer for up-to-date information to the editions of the EPO Official Journal published since December 2005 and WIPO's website.

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