Chapter 5 – Euro-PCT procedure before the EPO as a designated or elected Office
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  7. What further requirements need to be considered?
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5.2 What are the requirements for entry into the European phase?

Overview

5.2.3.What further requirements need to be considered? 

5.2.006Besides the "minimum requirements" mentioned in point 5.2.005, the applicant may have to complete one or more of the following steps within the 31-month time limit. These further requirements are not referred to as "minimum requirements" since failure to comply with them does not have the direct effect of a loss of rights (see point 5.2.003).

These further requirements are: 

–pay any claims fees due (see points 5.11.004 ff),

R. 162 EPC

–file the designation of the inventor (see points 5.12.001 ff),

R. 163(1) EPC

–furnish the file number or the certified copy of the application(s) of which priority is claimed (see points 5.13.004 ff),

R. 163(2) EPC

–furnish a sequence listing complying with the standard (see point 5.6.006),

R. 163(3) EPC

–furnish the indications on the applicant mentioned in Rule 163(4) EPC in respect of any applicant (see points 5.12.001 ff),

R. 163(4) EPC

–appoint a professional representative (see point 5.3.006),

R. 163(5) EPC

–furnish a copy of the results of any search carried out by or on behalf of the authority with which the priority application was filed (see points 5.4.005 ff).

R. 141(1) EPC

5.2.007The EPO is sent the copy of the international application required under Article 22(1) PCT or Article 39(1) PCT by the IB before expiry of the 31-month time limit. The applicant therefore does not have to submit a copy of the application to the EPO.

Art. 20 PCT, Art. 22(1) PCT, Art. 39(1) PCT

5.2.008If amendments have been made under Article 19 PCT (see points 3.2.030 ff), the copy transmitted by the IB also includes these amendments and any statement the applicant has made on them.

Art. 19(1), 20(2) PCT

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