2.2 The EPO as elected office

All PCT applicants have the option of requesting in accordance with Art. 31 PCT that international preliminary examination be performed in the international phase (General Part, 6.2). Applicants who want preliminary examination must file a PCT demand with a competent IPEA. In the demand form, the national/regional Offices in respect of which the results of the preliminary examination should be taken into account are to be elected. Since the filing of the demand constitutes the election of all PCT contracting states that were designated for a national and, where possible, a regional patent, this requirement will automatically be met in respect of each state that was an EPC contracting state at the international filing date (Rule 53.7 PCT), unless the applicant has withdrawn its election in the meantime (Rule 90bis PCT). If the EPO is both designated and elected Office, the term "elected Office" specifies that a preliminary examination was carried out for the application and is therefore used in the proceedings before the EPO in the European phase. The competence of the EPO as elected Office thus includes its competence as a designated Office.

If the EPO is no longer a designated Office, it also loses its status as elected Office. For the circumstances where this may happen, see A‑XII, 2.1.