2. EPO as designated or elected Office
2.2 Instructions in Chapter A‑II ("Filing of applications and examination on filing")
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A revised version of this publication entered into force, see here |
The instructions in A‑II, 1 ("Where and how applications may be filed") do not apply to international applications, except where explicit reference is made to international applications, including Euro-PCT applications.
The PCT requirements corresponding to those of A‑II, 2 ("Persons entitled to file an application") are more restrictive, as in general the applicant must be a resident or national of a PCT contracting state and therefore no further examination as regards entitlement is necessary.
The instructions in A‑II, 3 ("Procedure on filing") do not apply.
The provisions for late filing of missing parts (Rule 56) or correction of erroneously filed application documents or parts (Rule 56a) completely contained in the priority document apply if the EPO is designated/elected Office. Similar options exist under the PCT in relation to the receiving Office (Rule 20.5 PCT to Rule 20.8 PCT). These sets of provisions apply in parallel. For a request under Rule 56 or Rule 56a to be allowed by the EPO as designated/elected Office, it must have been filed, together with the documents required under Rule 56(3) or Rule 56a(4) respectively, within two months from the date of filing or from a communication of the receiving Office under Rule 20.5(a) PCT or Rule 20.5bis(a) PCT, as the case may be (see Rule 56(2) and Rule 56a(3)), and the applicant must have effectively requested "early processing" under Art. 23(2) PCT (see E‑IX, 2.8) before expiry of the two-month period under Rule 56(2) or Rule 56a(3).
Incorporations by reference by the receiving Office under Rule 20.5bis(d) PCT, i.e. without changing the filing date, will be effective before the EPO as designated or elected Office for international applications filed on or after 1 November 2022 (see C‑III, 1.3). For details see the notice from the EPO dated 23 June 2022, OJ EPO 2022, A71. On entry into the European phase, the normal procedures apply on the basis that the correct and erroneously filed parts are thus considered part of the application as filed.
In addition, Art. 26 PCT, Art. 27 PCT and Art. 48 PCT, Rules 82bis PCT and Rule 82ter PCT and Rule 139 EPC apply.
The date of filing (see A‑II, 4 ("Examination on filing")) of a Euro-PCT application is that accorded under the PCT by the PCT authority which acted as the receiving Office unless correction as a consequence of review by the EPO as designated/elected Office under Art. 24 PCT or Art. 25 PCT or Rule 82ter PCT applies (see E‑IX, 2.9). In respect of the procedure for establishing the date of filing in the case of elements or parts erroneously filed under Rule 20.5bis(d) PCT, see C‑III, 1.3. The formalities examination upon entry into the European phase encompasses all checks required to verify that the requirements of Rules 159 and Rule 163 have been met.
If the application is not deemed to be withdrawn, a copy of the application is referred to the search division for drawing up any supplementary European search report, if necessary (see E‑IX, 3.1).