How and where should the applicant initiate the procedure before the EPO as a designated/elected Office (Form 1200)?
Form 1200 may be filed electronically using EPO Online Filing (OLF), the EPO case management system (CMS) or the EPO Web-Form Filing service. The (basic part of the) filing fee is reduced if Form 1200 is filed online (see point 5.7.003).[ 32 ]
The form may also be filed on paper and can be downloaded from the EPO website.[ 33 ] Applicants are advised to read the explanatory notes carefully before completing the form.
The IB sends to the EPO as designated/elected Office a copy of the international application and the ISR, any claims amended under Article 19 PCT, as applicable, as well as the International Preliminary Report on Patentability. The EPO is also informed when no meaningful search could be carried out or could only be carried out for some of the claims. Where a demand for international preliminary examination (Chapter II) was filed, the IB transmits to the EPO as elected Office the IPER, including any annexes. The IB will notify the applicant thereof, and the applicant himself should not file any of these documents with the EPO (see point 5.2.007). However, the applicant may have to file a translation of the international application and further documents as set out below (see points 5.5.001 ff).
PCT Newsletter 11/2013, 9
Applicants must indicate the European application number, which as a rule is communicated to them approximately ten months after international publication (EPO Form 1201). Applicants who have not yet been notified of this number when performing the required steps for entry into the European phase may instead cite the PCT application number or the PCT publication number.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_1_6.html
Date retrieved: 17 May 2021
19 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Rules relating to Fees
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
PCT Articles
XA.36 PCT Transmittal, Translation, and Communication, of the International Preliminary Examination Report
PCT Implementing Rules
XR.44bis PCT International Preliminary Report on Patentability by the International Searching Authority
XR.73 PCT Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
Offical Journal of the EPO
XOJ EPO 2019, A18 - Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by facsimile
XOJ EPO 2018, A80 - Notice from the European Patent Office dated 12 October 2018 concerning updated Forms 1001 (request for grant) and 1200 (entry into the European phase)