Which version of the Euro-PCT application is taken as the basis for the procedure before the EPO as a designated/elected Office (Form 1200, Section 6)?
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187
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Section 6 of Form 1200 is to be used by applicants to indicate the documents on which the proceedings before the EPO as designated or elected Office are to be based. | |
R. 107(1)(b) EPC
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188
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It follows from the pre-crossed box in Section 6.1 of Form 1200 that if the EPO acts as a designated Office the application documents published by the IB - where applicable with amended claims under Article 19 PCT - are taken as the basis for the proceedings unless replaced by amendments submitted by the applicant together with Form 1200. |
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189
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It follows from the pre-crossed box in Section 6.2 of Form 1200 that if the EPO acts as elected Office the documents on which the international preliminary examination report (IPRP Chapter II) was based are taken as the basis for the proceedings in the European phase. However, the applicant may indicate otherwise and request the European procedure to be based on, eg, earlier-filed amendments under Article 19 PCT (see point 84 ff), or on new amendments submitted together with Form 1200 (see point 190 ff). | |
R. 70.2, 70.11, 70.16 PCT,
GL/EPO E-IX, 6.3, 6.4
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