When does the international preliminary examination start?
PCT Newsletter 06/2019, 12
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the demand;
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the fees payable for international preliminary examination; and
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either the ISR or the declaration under PCT Article 17(2) PCT, and the written opinion established under PCT Rule 43bis.1 PCT;
Unless the applicant expressly requests to postpone the start of the international preliminary examination until the expiration of the applicable time limit in Rule 54bis.1(a) PCT (see point 4.1.027).
In practice, this should result in more time being available for the EPO as IPEA to carry out the international preliminary examination compared to the situation prior to 1 July 2019 where the IPEA had to wait until the expiration of the applicable time limit under Rule 54bis.1(a) PCT. In particular, it will give more time to the EPO as IPEA to exchange with the applicant regarding the amendments thereby improving the quality of the written opinion of the IPEA and the IPRP Chapter II. Furthermore, the earlier the written opinion and IPRP Chapter II are made available, the easier it is for the applicant to accelerate the processing of the international application via the PPH pilot programme (see point 4.1.012).
If the applicant wants the international preliminary examination to be carried out on the basis of amendments to the claims, description or drawings filed pursuant to Article 34 PCT but needs more time to file those amendments, he shall indicate so by checking the corresponding box(es) in Box No. IV, item 1 of the PCT demand Form (PCT/IPEA/401). The EPO as IPEA will then issue a communication inviting the applicant to submit the amendments within a fixed time limit.
Where the WO-ISA is considered a first written opinion (see point 4.2.016), a single extension of one month for filing a reply (amendments and/or arguments under Article 34 PCT) is in principle granted if requested before expiry of the normal time limit under Rule 54bis PCT and on condition that the time limit so extended does not expire later than 25 months from the (earliest) priority date (see also point 4.2.025). The extension does not apply to the time limit for filing the demand, which cannot be extended.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c4_1_8.html
Date retrieved: 17 May 2021