3.3 Law applicable to Euro-direct, Euro-PCT and international applications

The terms "Euro-direct", "Euro-PCT" and "international" give an indication both of the law applicable as a consequence of the filing route chosen and of the procedural stage of the proceedings before the EPO.

In the case of the Euro-direct route, the entire European patent grant procedure is governed solely by the EPC. With regard to the Euro-PCT route, the first phase of the grant procedure (the international phase) is primarily regulated by the provisions of the PCT, while the processing in the European phase before the EPO as designated/elected Office is governed primarily by the EPC. In both procedural stages, however, the PCT prevails (Art. 150(2) EPC, see A‑XII, 1.1).

If an international application is subject to proceedings before the EPO in any of its roles under the PCT, the legal basis for any such EPO activity is provided for in the EPC, Part X EPC (see A‑XII, 1). Arts. 150 to Art. 153 oblige and allow the EPO to act as receiving Office, International Authority (IA), i.e. (S)ISA and IPEA, and designated/elected Office in accordance with the principle of precedence of the PCT and supplementary application of the EPC (Art. 150).