PCT – Part A
Guidelines for Formalities Examination

Contents

Chapter I – Introduction

1.Overview

2.Purpose of Part A

3.Other Parts relating to formalities

Chapter II – Filing of international applications and examination on filing

1.Where and how international applications may be filed

1.1Filing with the EPO as receiving Office

1.2Methods of filing with the EPO as receiving Office

1.2.1Filing of applications by delivery by hand or by post

1.2.2Filing of applications by fax

1.2.11.2.3 Filing of applications electronically

1.2.2Filing of applications by fax

1.2.3Filing of applications by delivery by hand or by post

1.2.4Filing of applications by other means

1.3Filing of documents subsequent to the application

1.4Debit orders for deposit accounts held with the EPO

1.5Application numbering system

2.Competence of the EPO to act as receiving Office

3.Procedure on filing

3.1Acknowledgement of receipt

3.2Filing via a competent national authority

4.Examination on filing

4.1Minimum requirements for according an international filing date

4.2Defects

5.Incorporation by reference of missing elements or parts

6.Correction of erroneously filed elements or parts

6.1Correct element or part not furnished for the purpose of incorporation by reference

6.1.1International filing date has not yet been accorded

6.1.2International filing date has already been accorded

6.2Correct element or part furnished for the purpose of incorporation by reference

Chapter III – Fees

1.General

2.Amounts of fees

3.Methods of payment

4.Fees to be paid to the EPO as receiving Office

4.1Transmittal fee

4.2International filing fee

4.3International search fee

4.4Fee for establishment and transmittal to the IB of a certified copy of the priority document

4.5Late payment fee

4.6Fee for requesting restoration of priority right

5.Fees to be paid to the ISA/EP

5.1Additional search fee

5.2Protest fee

5.3Fee for the late furnishing of sequence listings

6.Fees to be paid if a SIS request is submitted

6.1Supplementary search handling fee

6.2Supplementary search fee

6.3Review fee

7.Fees to be paid to the IPEA/EP

7.1Handling fee

7.2Preliminary examination fee

7.2.1Additional preliminary examination fee

7.3Protest fee

7.4Fee for the late furnishing of sequence listings

7.5Late payment fee

8.Reduction of fees

8.1Reduction of the international filing fee

8.1.1Reduction for applications filed in electronic form

8.1.1.1Web-form filing (WFF) reduction

8.1.1.2PDF reduction

8.1.1.3XML reduction

8.1.2Reductions for applicants from certain states

8.2Reduction of the international search fee

8.2.1Reduction of the additional search fee

8.3Reduction of the (supplementary search) handling fee

8.4Reduction of the preliminary examination fee

8.4.1Reduction of the additional preliminary examination fee

9.Refund of fees

9.1Refund of the international filing fee

9.2Refund of the (additional) international search fee

9.2.1Examples of refunds

9.2.1.1Full refund

9.2.1.2Partial refund

9.2.1.3No refund

9.3Refund of additional search fees and, where applicable, the protest fee

9.4Refund of the supplementary search fee

9.5Refund of the review fee

9.6Refund of the handling fee

9.7Refund of the preliminary examination fee

9.8Refund of additional examination fees and, where applicable, the protest fee

Chapter IV – Special provisions

1.PCT Direct service (see also GL/PCT‑EPO B‑IV, 1.2)

1.1General remarks

1.2Form of submissions

1.3Processing by the EPO as RO

1.4Processing by the EPO as ISA

2.Withdrawals

2.1General remarks

2.2Withdrawal of the international application

2.2.1Conditional withdrawal

2.3Withdrawal of designations

2.4Withdrawal of priority claims

2.5Withdrawal of the supplementary search request

2.6Withdrawal of the demand or of elections

Chapter V – Drawings

1.Graphic forms of presentation considered to be drawings

1.1Technical drawings

1.2Photographs or coloured drawings

2.Presentation of drawings

2.1Grouping of drawings

2.2Reproducibility of drawings

2.3Figure accompanying the abstract

3.Requirements regarding the paper used

4.Presentation of the sheets of drawings

4.1Usable surface area of sheets

4.2Numbering of sheets of drawings

5.General layout of drawings

5.1Page-setting

5.2Numbering of figures

5.3Whole figure

6.Prohibited matter

7.Execution of drawings

7.1Drawings of lines and strokes

7.2Shading

7.3Cross‑sections

7.3.1Sectional figures

7.3.2Hatching

7.4Scale of drawings

7.5Numbers, letters and reference signs

7.5.1Leading lines

7.5.2Arrows

7.5.3Height of the numbers and letters in the drawings

7.5.4Consistent use of reference signs in the description, claims and drawings

7.5.5Consistent use of reference signs in the drawings

7.6Variations in proportions

8.Text matter in drawings

9.Conventional symbols

10.Amendments to drawings

11.Graphic forms of presentation not considered to be drawings

11.1Chemical and mathematical formulae

11.2Tables

11.2.1Tables in the description

11.2.2Tables in the claims

Chapter VI – Examination of formal requirements

1.Claim to priority

1.1Formal requirements under Rule 4.10

1.2Priority period

1.3Inconsistency in the priority claim

1.4Defects in the priority claim

1.4.1Correction of the priority claim upon invitation

1.4.2Failure to correct

1.5Restoration of the right of priority

1.6Applicant's entitlement to claim priority

Chapter VII – Languages

1.Admissible languages on filing

1.1General

1.2International application filed in multiple languages

1.2.1Abstract and text matter of the drawings

1.2.2Request

1.2.3Description and claims

1.2.3.1Sentences or short fragments of the description and/or claims in a language other than the language of the proceedings

1.2.3.2Technical or non-technical terms used in the description and/or the claims in a language other than the language of the proceedings

2.Language of the proceedings

2.1Language for the purpose of the international search

2.2Language for the purpose of the supplementary international search

2.3Language for the purpose of the international preliminary examination

3.Derogations from the language of the proceedings in written proceedings

3.1Written submissions

3.2International applications filed in Dutch

3.3Priority documents

3.4Third-party observations

4.Correction of the translation

5.Authentic text of the international application

Chapter VIII – Common provisions

1.Representation

1.1General principles

1.2Representation by an agent

1.3Representation by a common agent, common representative or "deemed common representative"

1.4"Representation" by an employee

1.5Manner of appointment of an agent, common agent or common representative

1.6Address for correspondence

1.7Representation before the EPO as International Searching Authority

1.8Representation before the EPO as Supplementary International Searching Authority

1.9Representation before the EPO as International Preliminary Examining Authority

1.10Representation before the EPO as designated or elected Office

1.11Power of attorney

1.12General power of attorney

1.13Waivers – exceptions to applicability

2.Form of documents

2.1Documents making up the international application

2.2Later documents

2.3Number of copies

2.4Filing of subsequent documents

3.Signature of documents

3.1Documents filed after filing the international application

3.2Signature of the PCT request and a power of attorney

3.3Form of signature

3.4Joint applicants