If no supplementary European search report is drawn up, the Euro-PCT application will, after formalities examination, be passed on for substantive examination on condition that a request for examination has been validly filed (see points 599 ff).
Any third-party observations filed during the international phase and forwarded by the IB to the EPO as designated or elected Office will be considered in the first office action of the examining division, provided they are substantiated and meet all formal requirements. Provided they were not filed anonymously and the third party has explicitly so requested, the issuing of the first office action will be expedited.
Date retrieved: 30 December 2018
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EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase