If the application has proceeded via the PCT (Euro-PCT application), the six-month period under Rule 70(1) begins with the publication of the PCT search report or the declaration under Art. 17(2)(a) PCT. However, as is laid down in Art. 150(2), the time limit for requesting examination in a Euro-PCT case does not expire before the time prescribed in Art. 22 PCT and Art. 39 PCT (i.e. not before the time limit of Rule 159(1)(f)). The time limit will not be affected by whether a supplementary European search pursuant to Art. 153(7) needs to be made or whether the international application is again published by the EPO pursuant to Art. 153(4).[Art. 153(4); Art. 153(6); Art. 153(7); Art. 150(2); Rule 159(1)(f); ]
If the request for examination of a Euro-PCT application has not been filed within the time limit, the application is deemed withdrawn under Rule 160(1). In such a case, however, the applicant has the possibility of filing a request for further processing pursuant to Art. 121 (see E‑VIII, 2).[Art. 121; Rule 136(3); Rule 160(1); ]
Where the Euro-PCT application is subject to the preparation of a supplementary European search report (see B‑II, 4.3), once this search report has been despatched to the applicant, a communication according to Rule 70(2) is sent to him, inviting him to confirm the request for examination within six months of the notification of that communication (see E‑IX, 2.5.3).
Date retrieved: 30 December 2018
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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