The EPO may decide, in accordance with Art. 25 PCT, to allow an international application deemed to be withdrawn, or not accorded a filing date, to proceed as a European application.[Art. 25 PCT; Rules 51; 82ter PCT; Rule 159(2); ]
To obtain such a review by the EPO as designated Office, applicants must take the following steps within the two-month time limit under Rule 51.1 PCT:
Applicants are recommended to undertake the remaining steps for entry into the European phase under Rule 159(1) at the same time, possibly together with a request for early processing (see E‑IX, 2.8).
The formalities officer acting on behalf of the examining division is competent to take decisions in relation to these applications (see the Decision of the President of the EPO dated 12 December 2013, OJ EPO 2014, A6), and the Receiving Section transfers copies of any documents received from the International Bureau under the circumstances of Art. 25(1)(a) PCT to the examining division. Where it is decided that the application can proceed as a European application, the search and examination is carried out as for other applications, taking into account as the date of filing of the application the date it was originally filed with the PCT receiving Office and claiming the priority date of the international application, as applicable.
Date retrieved: 17 May 2021
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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
EPO Guidelines - E General Procedural Matters
XGL E IX 2.9 Review by the EPO as a designated/elected Office and rectification of errors made by the receiving Office or the International Bureau