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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

C. The EPO as an International Searching Authority (ISA) - PCT Chapter I

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office

I. General

II. The international preliminary examination procedure before the EPO as an IPEA

Delaying of national phase until 30 months

When should the demand for international preliminary examination be filed with the EPO?

Translation of the international application

Delaying of national phase until 30 months

117	Most contracting states apply Article 22 PCT as amended with effect from 1 January 2004. For these states, the 30/31-month time limit for entry into the national/regional phase applies regardless of whether the applicant has submitted the demand within 19 months of the (earliest) priority date.

Art. 22, 39 PCT

For entry into the European phase, in each case a time limit of 31 months from the priority date applies as from 2 January 2002 (see point 157).

R. 107(1) EPC

118

However, in respect of some designated Offices the demand must still be received by the competent IPEA within 19 months of the (earliest) priority date to secure the right to entry into the national phase being delayed until 30/31 months from the priority date. An updated list of the contracting states for which the 20/21-month time limit is still applicable where no demand is filed within 19 months is published on the WIPO website (see point 2). On 1 December 2005, the 20/21-month time limit applied to the following states: Switzerland (CH), Luxembourg (LU), Sweden (SE), United Republic of Tanzania (TZ), Uganda (UG). However, in respect of the regional designation of each of these states, the time limit under amended Article 22 PCT of 30/31 months applies.

119

For these states, where extension of the time limit for entry into the national phase to 30/31 months can only be obtained if the demand is filed within 19 months of the (earliest) priority date, the applicant must respect the 19-month time limit even where the ISR and the WO-ISA are not yet available. In other words, a delay in the international search does not have as a consequence that the 19-month time limit is changed, since this time limit is exclusively calculated on the basis of the priority date.

WIPO PCT Guide 376

For states applying old Article 22(1) PCT, a demand filed with the EPO after expiry of 19 months from the priority date but prior to;

three months from the date of transmittal to the applicant of the ISR and the written opinion (WO-ISA) by the ISA or

22 months from the (earliest) priority date,

is valid, but does not have the effect of postponing commencement of the national phase to 30/31 months for the states in question (see point 118).

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How to get a European patent - "Euro-PCT"