2. Review under Article 25 PCT

At the request of the applicant, the EPO may review a refusal by the receiving Office to accord a filing date, a declaration by the receiving Office that an international application or designation of a state is considered withdrawn or a finding by the IB under Art. 12(3) PCT that the record copy did not reach it in due time. The outcome of the requested review will be in the applicant's favour if the EPO finds that the loss of rights was the result of an error or omission on the part of the authority concerned.

If the outcome of the review is positive, the proceedings for the grant of a European patent can continue and the international application is treated as if the error or omission had not occurred.

To obtain a review by the EPO as designated/elected Office under Art. 25 PCT, applicants must take the following steps:

–request within the two-month time limit under Rule 51.1 PCT that the IB send copies of documents in the files promptly to the EPO as designated/elected Office,

–request that the EPO review the decision of the receiving Office under Art. 25(2)(a) PCT, pay the filing fee under Rule 159(1)(c) (A‑XIII, 4) and, where required, furnish a translation of the application (A‑XIII, 3), all within the same two-month time limit (Art. 25(2) PCT, Rule 51.3 PCT).

It is recommended that applicants comply with the other applicable minimum requirements for effective entry into the European phase under Rule 159(1) at the same time, preferably together with making a request for early processing (A‑XII, 7.1).

If the outcome of a review under Art. 25 PCT is negative, the EPO will check whether a positive review is possible under Art. 24(2) PCT. Applicants are therefore advised not to limit their request and arguments to the remedy under Art. 25 PCT, but also to cover the remedies available under Art. 24(2) PCT in conjunction with the other PCT and EPC provisions that allow for remedying a loss of rights in such cases, such as Art. 121 and 122 EPC in conjunction with Art. 48(2) PCT(A‑XV, 3).

The formalities officer acting on behalf of the examining division is competent to take decisions in relation to these applications (OJ EPO 2014, A6). The Receiving Section will transfer any documents received from the IB in the circumstances referred to in Art. 25(1)(a) PCT to the examining division. Where it is decided that the application can proceed as a European application, search and examination are carried out as for other Euro-PCT applications, with the date on which the international application was originally filed with the PCT receiving Office being treated as the date of filing and account also being taken, where applicable, of any priority date claimed.