Print

4.2 The international preliminary examination procedure before the EPO as an IPEA

Overview

Confidentiality of the international preliminary examination 

4.2.047The IB and the EPO as IPEA may not allow access to the file of the international preliminary examination to third parties without authorisation by the applicant. 

Art. 36(3), 38 PCT
R. 71.1 PCT, R. 73.2, 94.1(c), 94.3 PCT
Art. 128 EPC
OJ 1999, 329
OJ 2003, 382
OJ 2007, Spec. ed. 3, J.3
WIPO PCT Guide 
10.003, 10.080 
OJ 2019, A16
PCT Newsletter 9/2020, 11-13 
9/2021, 1 

4.2.048Once the IPER has been established and transmitted to the IB, the latter sends a copy of the IPER and its annexes to each elected Office. As from that time, the IB also furnishes copies of the IPER, its annexes and other documents from the file of the international preliminary examination on request to any person on behalf of the EPO as elected Office. 

4.2.049Furthermore, after completion of the IPER the EPO as elected Office allows access to the file of the international preliminary examination in accordance with the provisions of the EPC.

Previous