4. Indicating the wish to enter the European phase – minimum requirements and further requirements for entry into the European phase

Once the EPO has established its competence to process a Euro-PCT application (A‑XII, 3), it must verify whether all applicable minimum requirements for entry into the European phase are complied with.

The requirements that must be fulfilled for entry into the European phase to take effect are known as the "minimum requirements" and are provided for in Rule 159. For a general overview of the minimum requirements, see A‑XII, 4.3. Each of the minimum requirements is dealt with in more detail in A‑XIII, 3 to 8.

Applicants are advised to inform the EPO of their wish to enter the European phase by submitting EPO Form 1200 (A‑XII, 4.1). The applicable procedure if no indication of their wish is received, i.e. where the minimum requirements are not (fully) complied with, is dealt with in A‑XII, 4.2.

At the time of entry into the European phase, the applicant must also have complied with the applicable "further requirements", in particular those dealt with in Rule 163 (A‑XII, 4.4). The formalities examination at the start of the processing in the European phase encompasses all checks required to verify whether both the minimum and the further requirements are complied with.

Further, if there was a loss of rights or any error or omission in the international phase, the possible means of remedying the loss of rights or correcting the error or omission under the provisions of the EPC must be considered as early as possible. In some cases, the applicant will need to request early processing to be able to benefit from a remedy under the EPC or the PCT, e.g. a request under Rule 56 or 56a (A‑XV, 6). In other cases, the remedy must be requested within very short deadlines set in the PCT, e.g. the one-month time limit for requesting restoration of priority before the EPO as designated/elected Office under Rule 49ter PCT (A‑XV, 5).

The EPO as designated/elected Office will inform the applicant in cases where it detects an error or other deficiency. However, applicants cannot rely on the EPO detecting every deficiency. Moreover, it may happen that a deficiency is detected and/or notified only after expiry of the time limit for invoking a certain remedy (A‑XV, 1). For example, a request for restoration of priority in the procedure before the EPO as designated/elected Office in accordance with Rule 49ter.2 PCT must be made within one month of the effective date of (early) entry into the European phase or, if the application is deemed withdrawn because one of the applicable minimum requirements was not met, together with a request for further processing or for re-establishment of rights in relation to the time limit for requesting further processing (A‑XV, 5). However, the EPO may not have established and notified a deficiency in time for the applicant to remedy it within the applicable time limit. In such cases, the applicant cannot invoke the lack of notification: ultimate responsibility for requesting a legal remedy within the applicable time limit lies with the applicant.