1. General remarks on the processing in the European phase
1.2 European phase, designated/elected Office, Euro-PCT application
Proceedings before the EPO for the grant of a European patent, which is a “regional patent” in the terms of the PCT (Art. 2 PCT), may only start on condition that the EPO as designated/elected Office has become competent to process the application. The basic requirement for the competence of any national/regional office (here, the EPO) is that the applicant has designated it (Art. 11(1) PCT); see A‑XII, 2). That is why the PCT uses the term "designated Office" to refer to the national/regional offices in their capacity as granting authority for national/regional patents (see A‑XII, 2.1). The term "elected Office" is used where a designated Office has been elected in a demand for international preliminary examination (see A‑XII, 2.2). The designation of the EPO is implied in the PCT request (Rule 4.9(a)(i) and (ii) PCT) and its election is implied in the demand (Rule 53.7 PCT), as further set out in A‑XII, 2.1 and A‑XII, 2.2.
The grant proceedings before the national and regional patent offices designated/elected by an applicant are referred to as the "national/regional processing" of an international application or the "national/regional phase". The "regional phase" of a Euro-PCT application, i.e. the proceedings for the grant of a European patent, is therefore "the European phase" of an international application. For more information, see General Part, 3.2.
In EPO publications, the terms "Euro-direct" and "EP-direct" application are both used to refer to an application filed under the EPC. The term "Euro-PCT application" refers both to the character of the application as one filed under the PCT and to the fact that the EPO is a designated/elected Office for that application (A‑I, 2; General Part, 3). The use of different terms for applications filed under the PCT and the EPC is important in the grant proceedings before the EPO as designated/elected Office, i.e. in the European phase, because of the differences in the applicable law and practice for Euro-PCT and for Euro-direct applications. Any differences must, however, always respect both the principle that the PCT takes precedence and the principle of equal treatment within the limits set by the PCT (A‑XII, 1.1).