5.2
Euro-PCT applications 

The above principles also apply to PCT applications designating EP, but with an important difference. Art. 153(5), in conjunction with Rule 165, makes it clear that a PCT application is included in the state of the art for the purposes of Art. 54(3) if the PCT applicant has paid the required filing fee under Rule 159(1)(c) and has supplied the PCT application to the EPO in English, French or German (this means that a translation is required where the PCT application was published in Japanese, Chinese, Spanish, Russian, Korean, Portuguese or Arabic).

Therefore, it is not required that all conditions for entry into the European phase be fulfilled for a Euro-PCT application to be considered a conflicting European application under Art. 54(3) EPC.

Quick Navigation