In proceedings before the EPO relating to international applications, the provisions of the PCT apply, supplemented by the provisions of the EPC. In case of conflict, the provisions of the PCT prevail. The EPO cannot require compliance with requirements relating to form or contents of the international application different from or additional to those which are provided for in the PCT.
As a result of the prevalence of the PCT provisions and the requirements of Art. 150 and Art. 153 relating to international applications under the PCT in the European phase, the instructions in the earlier chapters of these Guidelines do not always apply to the procedure before the EPO as designated or elected Office.
This section deals with the specific aspects of the procedure before the EPO as designated or elected Office. It addresses, in subsections E‑IX, 2.2 to 2.5 and 2.10, the formalities examination of international applications upon entry into the European phase in so far as it differs from that applicable to European direct applications, by reference to the instructions in the appropriate sections of Part A.