When must the European phase be initiated before the EPO as designated or elected Office?
If, after considering the ISR and WO-ISA (see points 3.2.023 ff) and, where applicable, the result of the international preliminary examination as laid down in the IPER (see points 4.2.044 ff) and/or a supplementary international search (see points 3.4.001 ff), an applicant decides to pursue his international application further before the EPO as designated/elected Office, he must comply with the requirements for entry into the European phase within 31 months from the filing date or, if priority has been claimed, from the earliest priority date.
The time limit for complying with the requirements for entry into the European phase thus extends by one month beyond the standard time limit of 30 months provided for in Articles 22(1) and 39(1)(a) PCT and applies irrespective of whether or not a demand for international preliminary examination was filed (see points 4.1.034-points 4.1.035).
If the 31-month time limit expires on a day on which one of the filing offices of the EPO is not open for receipt of documents or on which no mail is delivered, the period is extended to the first day thereafter on which all filing offices are open for receipt of documents or on which mail is delivered.
Date retrieved: 17 May 2021
15 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