3.2 "Euro-PCT route", "international phase" and "European phase"

An application filed under the PCT is generally referred to by both terms "international application" and "PCT application". Since all PCT contracting states are designated in the international application by default, such an application has the effect of a regular European application ("Euro-PCT application") from the date of filing (Art. 11(3) PCT, Art. 153(2) EPC, see A‑XII 1.1 and A-XII 2.1). Therefore, the EPO must grant a European patent for such applications under Art. 97 EPC in combination with Art. 2 EPC if all conditions for the grant of a European patent are fulfilled.

The term "Euro-PCT application" is used in these Guidelines to refer to international applications in the procedure before the EPO as designated/elected Office (A‑XII, 2).

The terms "Euro-PCT route" and "Euro-PCT application" thus refer – like the terms "Euro-direct route" and "Euro-direct application" – to the procedure for and origin of a European patent application. They provide an indication of the law applicable to the European patent application concerned, as set out in General Part, 3.3.

All proceedings relating to a PCT application before the EPO or another patent office acting as receiving Office, (S)ISA and/or IPEA are referred to as the "international phase" of an international application (General Part, 3.5). The proceedings relating to a PCT application before the EPO as designated/elected Office are referred to as proceedings in the "European phase" (A‑XII, 1.2).

The European-phase processing of an international application starts once the EPO has become competent to act as designated/elected Office (A‑XII, 3). For information on the terms "designated" and "elected" Office in such proceedings, see A‑XII, 2.1 and A-XII, 2.2.