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The EPO will be notified of its election by the International Bureau (WIPO) (Art. 31(7), Rule 61.2(a) PCT). European substantive examination must normally not begin before expiry of the 31st month from the earliest priority date (Art. 40(1) PCT). The only circumstance in which examination may begin earlier is if the applicant has expressly so requested (Art. 40(2) PCT). |
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In order to initiate the European phase before the EPO acting as an elected Office, the requirements for entry into the European phase according to Rule 159 must be complied with (see A-VII, 1.2 and 1.3). For entry into the European phase, applicants are strongly recommended to use Form 1200, obtainable from the EPO free of charge. |
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