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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART E GUIDELINES ON GENERAL PROCEDURAL MATTERS PART D    
CHAPTER IX APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) CHAPTER VIII TIME LIMITS, LOSS OF RIGHTS, FURTHER AND ACCELERATED PROCESSING AND RE-ESTABLISHMENT OF RIGHTS CHAPTER X DECISIONS  
6. The EPO as an elected Office 5. The EPO as a designated Office    
6.2 Opening of the European phase and of substantive examination 6.1 General remarks 6.3 Substantive examination of a Euro-PCT application accompanied by an international preliminary examination report (IPER)  

6.2

Opening of the European phase and of substantive examination

 

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).

 

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.

Rule 159




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