GA D I 10 How and where is the demand for international preliminary examination to be filed?

316

The demand for international preliminary examination must be made using the prescribed form (PCT/IPEA/401 - see Annex IX), copies of which are available free of charge from all receiving Offices, the IB and the EPO. The form may also be downloaded from the WIPO website.[ 25 ]

Art. 31(3) PCT

R. 53 PCT

WIPO PCT Guide 10.012

317

The demand and any further document relating to the Chapter II procedure (e.g. amendments and/or arguments filed under Article 34 PCT) must be submitted to the EPO as IPEA and not to the receiving Office or the IB. The EPO as IPEA will indicate the date of receipt on the demand and promptly notify the applicant of that date.

Art. 31(6) PCT

R. 59.3, 61 PCT

WIPO PCT Guide 10.006

318

The demand may be filed with the EPO as IPEA direct, by post, by fax or online (see points 50-78). As of 1 November 2016, the ePCT service may be used for online filing of the demand under PCT Chapter II directly with the EPO as IPEA, and also for indicating the payment of fees related to the demand.

OJ 2014, A71

OJ 2016, A78

319

If the demand is filed by fax, no written confirmation needs to be filed unless the applicant is invited by the EPO as IPEA to do so (see point 78).

R. 92.4(e), (g) PCT

OJ 2007, Spec.Ed.3, A.3 (Art. 3 and 7 of the Decision)

320

The EPO filing offices are located in the Central European Time (CET) zone (see Annex V).

[ 25 ]

www.wipo.int/export/sites/www/pct/en/forms/demand/ed_demand.pdf

Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_d_i_10.html

Date retrieved: 30 December 2018