Chapter 4 – The EPO as an IPEA
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  7. What must be done after receipt of the IPER?
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4.2 The international preliminary examination procedure before the EPO as an IPEA

Overview

4.2.13.What must be done after receipt of the IPER? 

4.2.044The IPER is transmitted to the applicant and the IB. The applicant then has no further opportunity to submit comments to the EPO as IPEA and must now decide, on the basis of the results of the international preliminary examination set out in the IPER, whether to pursue the international application further by entering the national/regional phase before the elected Offices. 

Art. 36 PCT, Art. 39 PCT
R. 71.1 PCT

4.2.045If the EPO acted as IPEA, the applicant will, where appropriate, be invited to correct any deficiencies set out in the IPER ("negative IPER") upon entry into the European phase (see points 5.4.025 ff).

R. 161 EPC
GL/EPO E‑IX, 3.2

4.2.046All (further) questions relating to the European phase – the procedure before the EPO as a designated or elected Office – are dealt with in detail in Chapter 5.

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