Natural and legal persons who are nationals or residents of a PCT contracting state may file an international application with any of the following as receiving Office, provided that this option is available to them:[Art. 2(xv); Art. 9; 10; R. 18; 19; ]
Natural and legal persons who are nationals or residents of an EPC contracting state may file an international application with the EPO as receiving Office instead.[Art. 151 EPC; R. 157(1) EPC; OJ EPO 2014, A33; ]
The national patent offices of Belgium, Monaco and San Marino have ceased to act as receiving Offices under the PCT and delegated this task to the EPO, which will thus act as receiving Office on their behalf for all international applications filed by applicants who are nationals or residents of, or have their principal place of business in, one of these states.[R. 19.1(b); OJ EPO 2018, A17; OJ EPO 2018, A105; OJ EPO 2019, A96; ]
For more information on when the EPO is competent to act as receiving Office, see GL/PCT‑EPO A‑II, 2.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/a_ii_1_1.htm
Date retrieved: 17 May 2021
14 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO PCT GL - A Formalities Examination
PCT Articles
PCT Implementing Rules
Offical Journal of the EPO
XOJ EPO 2019, A96 - Notice from the European Patent Office dated 20 November 2019 concerning changes to the filing options available in San Marino for European patent applications and international applications
XOJ EPO 2018, A105 - Notice from the European Patent Office dated 20 November 2018 concerning delegation to the European Patent Office of the PCT receiving Office functions of the State of Monaco