5.1.2.3 When can the EPO act as elected Office? 

5.1.007For the EPO as an elected Office, the same requirements apply as for the EPO acting as a designated Office (see points 5.1.004-point 5.1.006). In addition, at least one of the EPC contracting states must have been elected for a European patent in the demand for international preliminary examination. Since the filing of the demand constitutes the election of all PCT contracting states that were designated for, where possible, a national and a regional patent, this requirement will automatically be met in respect of each state that was an EPC contracting state at the international filing date unless the applicant has withdrawn such election in the meantime (see points 1.8.001, 4.1.052).