Review by the EPO as designated Office under Article 25 PCT
At the request of the applicant, the EPO may review whether a refusal by the receiving Office to accord a filing date, or a declaration on the part of the receiving Office that an international application or the designation of a state is considered withdrawn, or a finding by the IB under Article 12(3) PCT is the result of an error or omission on the part of the authority concerned, in which case the Euro-PCT application can proceed as a European application.
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The request to the IB under Article 25(1) PCT to send copies of documents in the files promptly to the EPO as designated Office must be made within the two-month time limit under Rule 51.1 PCT.
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The filing fee under Rule 159(1)(c) EPC must be paid and, where required, a translation of the Euro-PCT application furnished within the same two-month time limit (Article 25(2) PCT, Rule 51.3 PCT). Applicants are recommended to undertake the remaining steps for entry into the European phase under Rule 159(1) EPC at the same time, possibly together with a request for early processing under Article 23(2) PCT (see points 5.1.023 ff, points 5.2.005 ff, points 5.5.001 ff).
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_14_2.html
Date retrieved: 17 May 2021
12 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
PCT Articles
XA.12 PCT Transmittal of the International Application to the International Bureau and the International Searching Authority