The instructions in A‑II, 1 ("Where and how applications may be filed") do not apply to international applications, except where explicit reference is made to international applications, including Euro-PCT applications.
The PCT requirements corresponding to those of A‑II, 2 ("Persons entitled to file an application") are more restrictive, as in general the applicant must be a resident or national of a PCT contracting state and therefore no supplementary examination is necessary.
The instructions in A‑II, 3 ("Procedure on filing") do not apply.
The provisions for late filing of missing parts completely contained in the priority document (Rule 56) apply if the EPO is designated/elected Office. A similar option exists under the PCT in relation to the receiving Office (Rule 20.5 PCT to Rule 20.8 PCT). Both sets of provisions apply in parallel. For a request under Rule 56 to be allowed by the EPO as designated/elected Office, it must have been filed, together with the documents required under Rule 56(3), within two months from the date of filing or from a communication of the receiving Office under Rule 20.5(a) PCT (see Rule 56(2)), and the applicant must have effectively requested "early processing" under Art. 23(2) PCT (see E‑IX, 2.8) before expiry of the two-month period under Rule 56(2).[Rule 56; Rule 20 PCT; ]
In addition, Art. 26 PCT, Art. 27 PCT and Art. 48 PCT, Rules 82bis PCT and Rule 82ter PCT and Rule 139 EPC apply.[Art. 24 PCT; Art. 25 PCT; Art. 26 PCT; Art. 27 PCT; Art. 48 PCT; Rule 82bis PCT; Rule 82ter PCT; Rule 139; ]
The date of filing (see A‑II, 4 ("Examination on filing")) of a Euro-PCT application is that accorded under the PCT by the PCT authority which acted as the receiving Office, unless correction as a consequence of review by the EPO as designated/elected Office under Art. 24 PCT or Art. 25 PCT or Rule 82ter PCT applies (see the latest version of the Guide for applicants: "'Euro-PCT Guide': PCT procedure at the EPO"). The formalities examination upon entry into the European phase encompasses all checks required to verify that the requirements of Rules 159 and Rule 163 have been met.
If the application is not deemed to be withdrawn, a copy of the application is referred to the search division for drawing up any supplementary European search report, if necessary (see E‑IX, 3.1).
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