1. General remarks on the processing in the European phase

The EPC contains a number of special provisions on the application and implementation of the PCT in the procedure in the European phase. Most of them are laid down in Art. 153 and its Implementing Rules, i.e. Rules 159 to 165 (General Part, 3). However, provisions specifically concerning the European phase can also be found elsewhere, e.g. Rules 70a(2) and 141.

Chapters A‑XII to A‑XV give guidance on the practice followed by the EPO when acting as designated/elected Office in the European phase in accordance with these special EPC provisions and the PCT. They focus on formalities examination of Euro-PCT applications in the European phase in so far as it differs from the law and practice applicable to Euro-direct applications. Where the same practice applies to Euro-direct and Euro-PCT applications in the European phase, reference is made to the instructions in the earlier chapters of Part A. Other parts of the Guidelines provide specific instructions on the handling of Euro-PCT applications in the European phase where needed in the context in question, for instance search (Part B) or examination (Part C).

A‑XII, 1.1 explains the reasons for the differences in how Euro-direct and Euro-PCT applications are processed in the European grant proceedings. A‑XII, 1.2 defines terms relevant for the processing of a Euro-PCT application in the European phase. A‑XII, 1.3 refers to some sources of specific information on the processing of Euro-PCT applications in the international phase, because the state of the file at the time an international application enters the European phase affects its processing in the European phase, as is described in A‑XII, 1.4.