6.2 Procedural steps in the processing of a Euro-PCT application

A European patent application may also be filed via the PCT route as a Euro-PCT application (see General Part, 3.2). Since the processing in the European phase is partly determined by the international-phase processing, the procedural elements of that procedure are set out below (see also A‑XII, 1.3-1.4).

Procedural steps in the international phase

1.The international application is filed with a competent receiving Office designating the EPO (i.e. a Euro-PCT application).

2.International search is performed by an ISA.

3.The international application and the international search report are published by the International Bureau of WIPO either together (A1) or separately (A2 followed by A3).

4.Once the ISR is issued, the applicant may decide to file a demand for international preliminary examination under Chapter II PCT, electing the EPO as IPEA (A‑XII, 2.2).

5.If the international search has been carried out by an office other than the EPO, the applicant may ask the EPO to perform a supplementary international search (SIS) in its capacity as SISA.

Procedural steps in the European phase

6.The applicant indicates that they wish to start the procedure for the grant of a European patent before the EPO as designated/elected Office.

7.The Receiving Section checks whether all formal requirements for the start of the processing in the European phase are met (see A‑XII, 3).

8.The translation of the application, if applicable, is published.

9.After expiry of the time limit for filing amendments under Rule 161(2), the search division draws up a supplementary European search report.

10.On condition that the request for examination has been filed or, if the request for examination has been filed before the supplementary European search report's transmission to the applicant, on confirmation from the applicant that they desire to move ahead with the European patent application, the application proceeds to substantive examination.

11.Where the EPO acted as ISA, the supplementary European search report is dispensed with, and the application proceeds to substantive examination after expiry of the time limit under Rule 161(1), provided a valid reply to the communication has been filed.

12.See steps 7-12 under General Part, 6.1, which also apply to Euro-PCT applications.