6.1 Information concerning the applicant(s) – missing entitlement

If there is more than one applicant and the address, nationality or state of residence or principal place of business has not been provided for one or more of them in the international phase, that information must be provided within the 31-month period. If this requirement is not complied with, the procedure under Rule 163(4) applies (A‑XIII, 11.4).

Art. 58 provides for an open system of applicants allowing any natural or legal person to file a European patent application. This means that no further examination as regards the entitlement to file an application is necessary
(A‑II, 2). The requirements under Art. 9 PCT concerning the persons entitled to file an international application are more restrictive than under Art. 58 in that, under the PCT, an applicant must be a resident or national of a PCT contracting state. Therefore, if it is established on entry into the European phase that the PCT applicant was not entitled to file the international application, this is remedied by Art. 11(3) PCT and Art. 153(2) in combination with Art. 58 and Art. 150(2). The same applies if a receiving Office refuses to accord an international application a filing date under Art. 11 PCT for non-compliance with Art. 9 PCT. Also in that case the international application may enter the European phase in accordance with the procedure under Art. 25(2) PCT to "save" it as a European application in accordance with Art. 11(3) PCT and Art. 153(2) (A‑XV, 2).