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on the part of the receiving Office that an international application or the designation of a state is considered withdrawn, or a finding by the IB under Article 12(3) PCT is the result of an error or omission on the part of the authority concerned, in which case the Euro-PCT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.
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 431 ff, points 451 ff, points 514 ff).
Date retrieved: 30 December 2018
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. - E Euro-PCT procedure before the EPO as designated or elected Office
XA.12 PCT Transmittal of the International Application to the International Bureau and the International Searching Authority