2.1.3 2.1.2 Initial processing and formal examination; copy of the international application

The initial processing and formal examination of international applications are carried out in the international phase by PCT authorities under the PCT.

Unless there is a specific request for early processing (see E‑IX, 2.8), the EPO acting as a designated or elected Office may not process or examine an international application prior to the expiry of 31 months from the date of filing of the application or, if priority has been claimed, from the earliest priority date (31-month time limit). The EPO will, however, prior to the expiry of the 31-month time limit, perform any purely administrative tasks such as adding documents relating to the European phase to the file and recording the professional European representative appointed to act on behalf of the applicant in the European phase, to ensure the correct notification of correspondence once the ban on processing has been lifted.

Since the EPO has not exercised made use of the waiver referred to in Art. 20(1)(a) PCT, a copy of the international application as published, together with the international search report (including any indication referred to in Art. 17(2)(b) PCT) or the declaration referred to in Art. 17(2)(a) PCT will be furnished by the International Bureau (IB). If amendments have been made under Art. 19 PCT, the copy transmitted by the IB also includes these amendments and any statement the applicant has made on them. The IB also transmits the international preliminary report on patentability (IPRP) to the EPO acting as designated Office. Where a demand for international preliminary examination (PCT Chapter II) is filed, the IB transmits to the EPO as elected Office the international preliminary examination report (IPER), including any annexes. The IB will notify the applicant thereof, and the applicant should not file any of these documents with the EPO.

The EPO does not require the applicant to furnish a copy of the international application under Art. 22 PCT or Art. 39 PCT, even if the IB International Bureau has not yet communicated a copy under Art. 20 PCT at the time the application enters the European phase (see PCT Gazette 14/1986, 2367).

However, if the EPO is acting as designated Office and the IB has not yet sent it a copy of the international application, the ISR and the WO-ISA, the applicant may – e.g. at the time of filing a request for early processing (see E‑IX, 2.8) – file a request with the IB for such a copy. The same applies if the EPO is acting as elected Office and the IB has not yet sent it a copy of the international application, the ISR, the WO-ISA or the IPER with its annexes.