3. The EPO acting as designated or elected Office

Article 23(1) PCT provides that no designated Office is to process or examine the international application prior to the expiration of the time limit under Art. 22 PCT (G 1/09).

The EPO only becomes competent as European patent granting authority when the requirements for the entry into the European phase according to Art. 22(1) PCT are fulfilled or an express request for entry into the European phase pursuant to Art. 22(2) PCT has terminated the international phase of an international application. The time limit of 30 months according to Art. 22(1) PCT is extended to 31 months by virtue of R. 159(1) EPC (J 18/09).