2.2 How must an international application be filed with the EPO as receiving Office?
2.2.6.How can an application be filed with the EPO by delivery by hand or by post?
2.2.012As a rule, the date of filing accorded to an application filed with the EPO by delivery by hand or by post is the date of handing over or receipt, respectively, at an EPO filing office. The EPO has filing offices in Munich, The Hague and Berlin. Please note that neither the sub-office in Vienna nor the Brussels Bureau is a filing office. The EPO's addresses and opening hours can be found on its website.20
2.2.013Automated mailboxes are installed in Munich (Zollstrasse) and Berlin next to the EPO building. These automated mailboxes may be used at any time. The automated mailbox at the EPO headquarters in Munich (Isar building, Kohlstrasse) has been closed since 1 April 2017. Outside opening hours, at all filing offices, documents may be handed to the porter, who will security-scan them on receipt.
2.2.014If the applicant has chosen the EPO as receiving Office the international application should be sent directly to one of the EPO filing offices and not to a national patent office (see point 2.1.002).
2.2.015The national law of an EPC contracting state may prescribe that an international application is to be filed with the EPO as receiving Office via its national patent office. Only in that case may the application be filed with the EPO as receiving Office via the national patent office of the EPC contracting state concerned.
Art. 27(8) PCT
Art. 75(2), 151 EPC
R. 157(1) EPC
PCT Newsletter 6/2014, 11
2.2.016If, pursuant to national law, the international application must be filed with the EPO as receiving Office via the competent national patent office, this office will only be acting as a "filing office" for the EPO and not as receiving Office. The date of receipt of the application by the national patent office concerned, on behalf of the EPO as receiving Office, will be considered the international filing date, on condition that the application meets the PCT requirements for a filing date to be accorded.
2.2.018The addresses of the national patent authorities of the EPC contracting states and information on national legislation are provided in the brochure "National law relating to the EPC".21
2.2.019The documents constituting an international application must be filed with the EPO as receiving Office in one copy only: PCT request form, description, claims, abstract and drawings (Box No. IX of the PCT request form). The same applies to any other documents referred to in Rule 3.3(a)(ii) PCT and listed in Box No. IX of the PCT request form.
Art. 3(2) PCT, Art. 4 PCT-Art. 7 PCT
R. 3.3 PCT, R. 4 PCT-R. 8 PCT, R. 11.1 PCT
R. 157(2) EPC
WIPO PCT Guide 5.010, 5.179
OJ 2006, 439
2.2.020To acknowledge receipt of a purported international application filed by delivery by hand or by post, the EPO as receiving Office will send EPO Form 1031 by post, as a rule within four working days. The acknowledgement explicitly confirms the receipt of each separate document and item making up the purported international application (e.g. description, claims, abstract, data carrier, letter).