The EPO will act as an elected Office if the applicant has filed a demand for international preliminary examination and has elected at least one Contracting State of the EPC which is designated in the international application and is bound by Chapter II PCT and for which a European patent is sought. The EPO will be automatically elected in all demands filed as of 1 January 2004. An international preliminary examination report will be drawn up on the basis of the demand by an International Preliminary Examining Authority (e.g. the EPO in accordance with IX, 4). Election of the EPO means that the applicant intends to use the results of the international preliminary examination report in proceedings before the EPO (see Art. 31(4)(a) PCT and IX, 4.2).

With regard to deadlines and procedural steps before the EPO as an elected Office, see the latest version of the Guide for applicants: "How to get a European patent, Part 2: PCT procedure before the EPO - Euro-PCT". For applications concerning nucleotide or amino acid sequences, see A-VII, 4.2 and Special edition No. 3, OJ EPO 2007, C.1.