1.4 Relevance of the international phase for the proceedings in the European phase

Various aspects of the processing in the international phase are important for establishing the applicable procedure in the European phase. In particular, the requirements to be complied with for effective entry into the European phase vary depending on "the state of the file" at the time of entry (A‑XII, 4.1). The "state of the file" results from the "characteristics" of both the application (e.g. the language of filing and publication) and the processing in the international phase (e.g. the receiving Office, (S)ISA and IPEA that acted in the international phase). An important factor in the "state of the file" is whether the EPO acted as (S)ISA in the international phase. It is only then that no supplementary European search has to be performed and no search fee under Rule 159(1)(c) is due (A‑XIII, 6). The question whether the EPO acted as (S)ISA is also relevant under Rule 161 as regards the filing of amendments in the European phase (A‑XIV, 2) and under Rule 164 where the EPO acting as designated/elected Office finds a lack of unity (A‑XIV, 5.1).