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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR... CHAPTER VI PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION CHAPTER VIII LANGUAGES  
2. Provisions of Chapter II (Filing of applications and examination on filing) 1. General 3. Provisions of Chapter III (Examination of formal requirements)  


2.

Provisions of Chapter II ("Filing of applications and examination on filing")

 

The provisions of II, 1 ("Where and how applications may be filed") do not apply to international applications, except where explicit reference is made to international applications, including Euro-PCT applications.

 

The PCT requirements corresponding to those of II, 2 ("Persons entitled to file an application") are more restrictive, as in general the applicant must be a resident or national of a PCT Contracting State and therefore no supplementary examination should be necessary.

 

The provisions of II, 3 ("Procedure on filing") do not apply.

 

The provisions for late filing of missing parts completely contained in the priority document (Rule 56) exist also under the PCT (Rule 20.5 - 20.8 PCT).

 

The date of filing (see II, 4 ("Examination on filing")) of a Euro-PCT application is that accorded under the PCT by the PCT authority which acted as the receiving Office. Nevertheless, the payment of the filing fee and the search fee and, where applicable, the supply of a translation pursuant to Art. 153(4) and Rule 159(1) should be checked. The period for supplying the translation and for payment of the above-mentioned fees is as specified in VII, 1.2 and 1.3.

 

If the application is not deemed to be withdrawn, a copy of the application is referred to the Search Division for drawing up any supplementary search report, if necessary (see E-IX, 5.4).

 


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