3. Competence of the EPO to start the European phase processing

Before the end of the international phase, applicants must decide whether and where they want to proceed with their international application in the national/regional phase and take the required steps (Art. 22(1) PCT or Art. 39(1)(a) PCT). In respect of the EPO as designated/elected Office, applicants must comply with the requirements laid down in Rule 159, which are usually referred to as the "minimum requirements". It follows from Rule 159 that "entry into the European phase" is not an act in itself but a series of acts to be performed (A‑XII, 4.3).

However, even if an applicant has taken the required steps for entry into the European phase, the processing by the EPO as designated/elected Office may and will start only on condition that the EPO is competent to do so
(A‑XII, 3.2). For this, the "processing ban" must first have been lifted (see
A‑XII, 3.1). The processing ban is most commonly lifted by expiry of the 31-month period laid down in Rule 159(1), as is set out in detail in A‑XII, 3.2. However, there are two other cases in which the EPO may become competent to start the processing as designated/elected Office before expiry of the 31-month period (see A‑XII, 3.1).