10. Publication and file inspection

The public is informed in the European Patent Bulletin of all applications that either have effectively entered the European phase or are deemed withdrawn for non-compliance with the minimum requirements (A‑XIII, 11.1 and 11.2).

The EPO also provides in the European Patent Bulletin a list of all Euro-PCT applications that have not entered the European phase but have fulfilled (only) the requirements referred to in Art. 153(5) and Rule 165 and thereby have become part of the prior art under Art. 54(3) (OJ EPO 2021, A51). These applications are mentioned in section I.2(2) of the European Patent Bulletin as a separate category under the heading "International applications considered as comprised in the state of the art under Rule 165 and Art. 54(3) EPC". On the requirements under Art. 153(5) and Rule 165, see A‑XIII, 9.1.3.

If the examiner retrieves relevant intermediate and/or conflicting Euro-PCT applications for which it is not yet clear if they will become prior art under Art. 54(3) in conjunction with Art. 153(5) and Rule 165 (G‑IV, 5.2), the examiner will defer issuing a communication concerning the intention to grant until there is certainty on whether the application concerned may or may not enter the European phase or fulfil the requirements under Rule 165 (C‑IV, 7.1). Full clarity on the status of a Euro-PCT application under the EPC is thus available at the latest when the European Patent Bulletin provides information on whether a Euro-PCT application has entered the European phase, been deemed withdrawn for non-compliance with Rule 159, or, alternatively, has fulfilled (only) the requirements under Rule 165.