Chapter 5 – Euro-PCT procedure before the EPO as a designated or elected Office
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  6. 5.4 Application documents on which the procedure before the EPO as designated/elected Office is based (Form 1200, Section 6)
  7. Which version of the Euro-PCT application is taken as the basis for the procedure in the European phase (Form 1200, Sections 6.1 and 6.2)?
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5.4 Application documents on which the procedure before the EPO as designated/elected Office is based (Form 1200, Section 6)

Overview

5.4.1.Which version of the Euro-PCT application is taken as the basis for the procedure in the European phase (Form 1200, Sections 6.1 and 6.2)? 

5.4.001When an application enters the European phase, the applicant must specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based. 

R. 159(1)(b) EPC

5.4.002The documents on which the proceedings before the EPO as designated or elected Office are to be based are to be indicated in Section 6 of Form 1200 and, where necessary, further clarification may be provided on an additional sheet. The applicant must make sure that the indications in Section 6 and/or on the additional sheet correspond to any indications given in the table for Section 6 provided for calculation of the additional (page) fee to be paid for applications comprising more than 35 pages (see points 5.7.001 ff).

5.4.003If the EPO acts as designated Office, the documents forming the basis for the proceedings in...

5.4.003If the EPO acts as designated Office, the documents forming the basis for the proceedings in...

5.4.003If the EPO acts as designated Office, the documents forming the basis for the proceedings in the European phase are to be indicated in Section 6.1.

5.4.004If the EPO acts as elected Office, the documents forming the basis for the proceedings in the European phase are to be indicated in Section 6.2. If the applicant has filed test reports (e.g. comparative examples in support of inventive step) with the EPO as IPEA, it is assumed that the EPO may also use them in the European grant proceedings.

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