Can I select the EPO as IPEA?

Yes. If you participate in the pilot and have selected the EPO as ISA, you may file a demand for international preliminary examination with the EPO acting as IPEA.

If the international search report and written opinion issued by the EPO show that your invention is not yet patentable in its present form, you can amend your application and file a demand for international preliminary examination directly with the EPO. The EPO will then perform a top-up search to check whether any relevant citations have emerged since the international search and you can enter into a dialogue with the examiner.

It is not possible for applicants to select the EPO as ISA and after file a demand for international preliminary examination with the CNIPA acting as IPEA. This is because the latter is competent only if it has carried out the international search (see ISA/IPEA Agreement – CN/IB).

For further information on the Chapter II Demand and the EPO as IPEA, see general overview.