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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 ANNEX I Terms and abbreviations
I. General   II. What must the applicant do to initiate the European phase?
Early entry into the European phase When must the European phase be initiated before the EPO as designated or elected Office? Accelerated prosecution of applications - the PACE programme


Early entry into the European phase


166

An applicant can at any time request the EPO as designated or elected Office to commence processing the Euro-PCT application before expiry of the 31-month time limit. To this extent, the applicant must, in addition to filing an express request for early processing, complete the steps for entry into the European phase listed below (see point 172 ff).

Art. 23(2), 40(2) PCT

OJ 2001, 587 (point 5)



167

If the EPO acts as designated Office and the IB has not yet transmitted a copy of the international application, the ISR and the WO-ISA, the applicant must file with the IB a request under Rules 47.4 and 44bis PCT to do so.

Art. 20 PCT

R. 44.bis.2(b), 47.4 PCT



168

If the EPO acts as an elected Office and the IB has not yet transmitted a copy of the international application, the ISR, the WO-ISA and the IPRP Chapter II with its annexes, the applicant must file with the IB a request under Rules 61.2 and 73.2 PCT to do so.

Art. 36(3)(a) PCT

R. 61.2(d), 73.2(b) PCT



169

The EPO will begin processing as soon as all requirements are met.



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