1.1 Relationship between the PCT and the EPC

In all PCT procedures before the EPO, the PCT is applied in accordance with the provisions of Part X of the EPC, "International applications under the Patent Cooperation Treaty – Euro-PCT applications", the Implementing Regulations to the EPC ("EPC Rules") and the relevant further legislation.

The legal basis for all EPO activities under the PCT is Part X of the EPC (Articles 150-153 EPC) as implemented by the provisions of the Implementing Regulations to the EPC, in particular Rules 157-165 EPC, and by further legislation such as decisions of the President and the Administrative Council of the European Patent Organisation.

For international applications which are the subject of proceedings before the EPO in any of its functions, the provisions of the PCT and its Regulations ("PCT Rules") apply, supplemented by the provisions of the EPC. In case of conflict between the provisions of the EPC and those of the PCT or the PCT Rules, the PCT or the PCT Rules prevail.

The PCT allows offices to notify the IB of an incompatibility of certain provisions with their national law, in which case those provisions do not apply before them. A list of notifications of incompatibility filed by the EPO is published on the WIPO website¹.