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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 must the European phase be initiated before the EPO as designated or elected Office?

When must the applicant decide on the scope of protection of the European patent?

When must the European phase be initiated before the EPO as designated or elected Office?

162

If, after examining the ISR and WO-ISA (see point 78 ff) and, where applicable, the result of the international preliminary examination as laid down in the IPRP Chapter II, an applicant considers that the further prosecution of his Euro-PCT application before the EPO promises to be successful, he must take the required steps before the EPO within 31 months of the filing date or, if priority has been claimed, of the earliest priority date (see point 157).

Art. 22(1), 31(7), 39(1) PCT
R. 61.2(a) PCT

R. 107(1) EPC
OJ 2001, 586

GL/EPO E-IX, 6.2

163	The time limit for entry into the European phase is thus extended by one month vis-à-vis the standard time limit of 30 months provided in Articles 22(1) and 39(1)(a) PCT.

164

For an indefinite transitional period, the earlier 20 or 21-month time limit for entry into the national phase continues to apply for some other designated Offices if no valid demand for international preliminary examination is filed within 19 months of the earliest priority date (see points 118-119).

165	If the applicant does not take the prescribed steps for entry into the European phase within the applicable time limits, the Euro-PCT application is deemed to be withdrawn (see point 172).

Art. 24(1)(iii) PCT

R. 108 EPC

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