2.3 Whether the Receiving Section or the examining division is competent

At the start of the European phase processing, an application falls directly within the competence of the examining division unless a supplementary European search report must be drawn up. A supplementary European search must be performed if the EPO did not perform an international search as (S)ISA in the international phase (A‑XIII, 6). In that case, the Receiving Section will be competent on entry into the European phase and will pass the application on to the search division once the formalities examination has been performed (A‑XIV, 5).

If no supplementary European search report must be drawn up, the Euro-PCT application immediately falls within the competence of the examining division on effective entry into the European phase and will, after formalities examination, be passed on for substantive examination on condition that a request for examination has been validly filed (A‑XIII, 7; A‑XIV, 3 and 6).