GA C5.4.1 5.4.1.

Which version of the Euro-PCT application is taken as the basis for the procedure in the European phase (Form 1200, Sections 6.1 and 6.2)? 
5.4.001
When an application enters the European phase, the applicant must specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based. 
R. 159(1)(b) EPC
5.4.002
The documents on which the proceedings before the EPO as designated or elected Office are to be based are to be indicated in Section 6 of Form 1200 and, where necessary, further clarification may be provided on an additional sheet. The applicant must make sure that the indications in Section 6 and/or on the additional sheet correspond to any indications given in the table for Section 6 provided for calculation of the additional (page) fee to be paid for applications comprising more than 35 pages (see points 5.7.001 ff).
5.4.003
If the EPO acts as designated Office, the documents forming the basis for the proceedings in the European phase are to be indicated in Section 6.1.
5.4.004
If the EPO acts as elected Office, the documents forming the basis for the proceedings in the European phase are to be indicated in Section 6.2. If the applicant has filed test reports (e.g. comparative examples in support of inventive step) with the EPO as IPEA, it is assumed that the EPO may also use them in the European grant proceedings.

Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_4_1.html

Date retrieved: 17 May 2021

7 references found.

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EPC Implementing Rules

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA