If, after considering the ISR and WO-ISA (see points 237238 ff) and, where applicable, the result of the international preliminary examination as laid down in the IPER (see points 399400 ff) and/or a supplementary international search (see points 271272 ff), an applicant decides to pursue his international application further before the EPO as designated/elected Office, he must comply with the requirements for entry into the European phase within 31 months from the filing date or, if priority has been claimed, from the earliest priority date.
The time limit for complying with the requirements for entry into the European phase thus extends by one month beyond the standard time limit of 30 months provided for in Articles 22(1) and 39(1)(a) PCT and applies irrespective of whether or not a demand for international preliminary examination was filed (see points 323324- see points 324325).
Date retrieved: 24 November 2017
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EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase