1.3 Review of filing date and priority claims considered void

The date of filing of a Euro-PCT application is that accorded under the PCT by the PCT authority which acted as the receiving Office, unless it is corrected as a consequence of a review by the EPO as designated/elected Office under Art. 24 PCT (A‑XV, 3), Art. 25 PCT (A‑XV, 2) or Rule 82ter.1(a) PCT (A‑XV, 4). Rule 82ter.1(a) PCT also allows the applicant to request a review if a priority claim was erroneously considered void by the receiving Office.

Certain PCT provisions allow the EPO as designated/elected Office to review the filing date and/or the priority date in specific circumstances. For instance, Rule 49ter.1(c) PCT permits it to review the grant of a request for restoration of the right of priority by the receiving Office, which may (also) have an impact on the relevant priority date (A‑XV, 5).

Furthermore, if the EPO as designated/elected Office is of the opinion that the relevant PCT provisions were not complied with, it may, acting of its own motion in accordance with Rule 82ter.1(b) PCT, review the filing date accorded by the receiving Office under Rule 20.3(b)(ii) PCT, 20.5(d) PCT or Rule 20.5bis(d) PCT on the basis of incorporation by reference of an element or part under Rules 4.18 PCT and 20.6 PCT (A‑XV, 6.3).