6.3 Substantive examination of a Euro-PCT application accompanied by an IPER

If an IPER was drawn up for the Euro-PCT application during the international phase, substantive examination is conducted in the same way as for any other application. Where the EPO acted as IPEA, the IPER will usually have been drawn up by the examiner responsible for examining the Euro-PCT application in the European phase.

As set out in A‑XIV, 3, substantive examination can start only once the six-month-period under Rules 161 and 162, which implements the applicant's right under the PCT to amend the application in the proceedings before the designated/elected Office, has ended.

If the EPO acted as IPEA, the application will be accompanied by an IPER drawn up in one of the official languages of the EPO. If the EPO did not act as IPEA, any IPER not drawn up in an EPO official language will be accompanied by its translation into English (Art. 36(3)(a) PCT in combination with Rule 72.1(a) PCT) (A‑XII, 5.2 and 5.3). The IB will communicate the IPER to the EPO as elected Office together with any annexes in their original language. It is up to the applicant to prepare and submit a translation of these annexes if this is required for the proceedings before the EPO (Art. 36(3)(a) PCT and Art. 36(3)(b) PCT in combination with Rule 159(1)(a)) (A‑XII, 5.2 and A‑XIII, 3).

Where new documents are cited in the IPER that were not cited in the ISR, they may be attached as an annex to the IPER in their original language (Art. 36(4) PCT, Art. 20(3) PCT).

Pursuant to Art. 42 PCT, the EPO cannot require that the applicant furnish copies, or information on the contents, of any papers connected with the examination of the same application by another elected Office.