4.1.7.What is the time limit for filing the demand for international preliminary examination with the EPO? 

4.1.027Pursuant to Rule 54bis PCT, the demand may be validly submitted at any time prior to the expiry of the following time limits, whichever expires later:

–three months from the date of transmittal to the applicant of the ISR and WO‑ISA by the ISA or 

–22 months from the (earliest) priority date. 

This time limit guarantees that applicants have at least three months from the date of mailing of the ISR to decide on the basis of the results of the international search laid down in the ISR and the WO‑ISA whether they want to file a demand with amendments and/or arguments. 

4.1.028If the demand is submitted after expiry of this time limit, the demand is considered as if it had not been submitted.

4.1.029The applicant should be aware that the possibilities to withdraw a demand and obtain a refund of the fee paid are limited (see point 4.1.064).