9.1 Effects of full or partial compliance

Provided all applicable requirements are complied with and entry into the European phase is therefore effective, the processing of a Euro-PCT application as a pending European patent application will start on expiry of the 31-month period or on receipt of a request for early processing (A‑XII, 3 and 4). As a rule, the EPO will inform the applicant in the communication under Rule 161/Rule 162 of the start, unless the right to receive that communication is waived (A‑XII, 7.3). However, if it is established that a request for early processing is effective the applicant is notified by separate communication of its effective date. The EPO proceeds as set out in A‑XII, 7.2, if the intentions of the applicant are unclear.

As set out in A‑XIII, 9.1.1, entry into the European phase does not confer provisional protection under Art. 67.

A significant consequence of effective entry into the European phase is that, as from the effective date, a divisional application may be filed; see A‑XIII, 9.1.2.

Furthermore, if within the 31-month period, (only) the filing fee is paid and, where applicable, the translation filed (A‑XIII, 3.2 and A‑XIII 4), the application will not become pending before the EPO as designated/elected Office, but the application will be considered part of the state of the art under Rule 165 in combination with Art. 54(3) (A‑XIII, 9.1.3).

The EPO makes information about all Euro-PCT applications that have validly entered the European phase, that have suffered a (final) loss of rights or that fulfil (only) the requirements under Rule 165 available in the European Patent Bulletin (A‑XIII, 10). The EPO will not republish any applications which have entered the European phase and for which processing as a pending European application before the EPO as designated/elected Office has started, unless the international publication was not published by the IB in an official language of the EPO (A‑XIII, 10).