Pursuant to Art. 24(2) PCT, the EPO as designated/elected Office may maintain the application as a European application even if this is not required by virtue of Art. 25(2) PCT (see also OJ EPO 1984, 565, Reasons 4). The filing of a request under Art. 24(2) PCT is governed by the same requirements as a request for review under Art. 25(2) PCT (see E‑IX, 2.9.1), with the exception that the two-month time limit under Rule 51 PCT does not apply (see J 19/16, Reasons 6). Such requests may have to be combined with a request for re-establishment of rights under Art. 122 or further processing under Art. 121 (see E‑VIII, 2, and E‑VIII, 3) as the appropriate means of remedying the non-observance of a time limit under the EPC.[Art. 24(2) PCT; Art. 48(2) PCT; Rule 82bis PCT; Art. 122; 121; ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_ix_2_9_2.htm
Date retrieved: 17 May 2021
14 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
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