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

Guide for Applicants - Part 2 - Table of Contents

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

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

I. General

II. What must the applicant do to initiate the European phase?

When can the EPO act as designated Office?

Time limit for entry into the European phase

When can the EPO act as designated Office?

158

Since all EPC contracting states are PCT member states, the EPO can in principle act as a designated Office for any EPC contracting state, provided the international application was filed on or after the date on which the EPC entered into force for the state concerned (see point 7). If this requirement is not met it may be that an extension agreement was in force on the international filing date that provides for the extension of a European patent to the state for which patent protection is sought (see point 39 ff).

R. 4.9(a) PCT

R. 107(1) EPC

159

Furthermore, a European patent for any EPC contracting state can only be obtained if the applicant in the international application validly designated the EPO. Under the PCT Regulations in force as from 1 January 2004, all possible national offices and intergovernmental organisations granting patents are automatically designated (see point 35). Therefore, it is possible to obtain a European patent for any EPC contracting state if the designation "EP" for all or for some contracting states (see point 215) is not explicitly withdrawn by the applicant during the international phase.

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