Where may an international application be filed?
|
10
|
In principle an international application may at the applicant's option be filed: | |
Art. 10 PCT
R. 19 PCT
WIPO PCT Guide 49, 50
|
|
·
|
with the national office of the PCT contracting state of which the applicant is a resident or national, or with the office acting for that state, or |
|
·
|
|
with the IB as receiving Office. |
|
11
|
A third option exists for applicants who are nationals or residents of an EPC contracting state, since they may also file international applications with the EPO acting as a receiving Office. When the EPO acts as receiving Office, the EPO will process the application in accordance with the relevant provisions of the PCT, including the PCT Receiving Office Guidelines and the Administrative Instructions under the PCT. | |
Art. 151(1), 152 EPC
R. 104(3) EPC
GL/EPO E-IX, 2
|
|
12
|
If the EPO is chosen as receiving Office the international application should be sent directly to one of the EPO filing offices and not to a national patent office (see point 15). However, the national law of an EPC contracting state may prescribe that an international application is to be filed with the EPO as receiving Office via its national patent office. If, pursuant to national law, the international application must be filed with the EPO as receiving Office via the competent national patent office, this office will only be acting as a "filing office" for the EPO and not as receiving Office. The date of receipt of the application by the national patent office concerned, on behalf of the EPO as receiving Office, will be considered the international filing date, on condition that the application meets the requirements for a filing date to be accorded. | |
Art. 152 EPC
Art. 11 PCT
|
|
The national patent office concerned will have to ensure that the application reaches the EPO no later than two weeks before the end of the thirteenth month after filing or, if priority is claimed, after the earliest date of priority.
|
R. 104(3) EPC
|
|
13
|
The addresses of national patent authorities and information on the legislation of the EPC contracting states establishing which applications must be filed with the national patent office are provided in the brochure "National law relating to the EPC". |
|
14
|
At present there are no agreements in force allowing the EPO to act as receiving Office for an applicant who is not a resident or national of an EPC contracting state. | |
Art. 151(2) EPCArt. 151(3) EPC
|
