The Receiving Section shall be responsible for the examination on filing and the examination as to formal requirements of a European patent application up to the time when the Examining Division becomes responsible for the examination of the European patent application under Article 94, paragraph 1.
Subject to paragraphs 3 and 4, the Examining Division shall be responsible for the examination of a European patent application under Article 94, paragraph 1, from the time when a request for examination is filed.
If a request for examination is filed before the European search report has been transmitted to the applicant, the Examining Division shall, subject to paragraph 4, be responsible from the time when the European Patent Office receives the indication under Rule 70, paragraph 2.
If a request for examination is filed before the European search report has been transmitted to the applicant, and if the applicant has waived the right under Rule 70, paragraph 2, the Examining Division shall be responsible from the time when the search report is transmitted to the applicant.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r10.html
Date retrieved: 17 May 2021
41 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
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - E General Procedural Matters
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO 2020, A81 - Notice from the European Patent Office dated 14 June 2020 concerning the applicability of new Rule 20.5 bis PCT on the correction of erroneous filings in proceedings before the EPO
XOJ EPO 2020, A30 - Notice from the European Patent Office dated 20 March 2020 concerning search and examination fees
XOJ EPO SE 1/2018, p41 - III.2 - Decision of the Administrative Council of 25 October 2007 approving amendments to the Rules of Procedure of the Boards of Appeal of the European Patent Office [ 1 ]
XOJ EPO 2018, A26 - Notice from the European Patent Office dated 22 March 2018 concerning search and examination fees
XOJ EPO SE 1/2017, p41 - III.2 - Decision of the Administrative Council of 25 October 2007 approving amendments to the Rules of Procedure of the Boards of Appeal of the European Patent Office [ 1 ]
XOJ EPO 2012, 212 - Notice from the European Patent Office dated 6 February 2012 concerning search and examination fees
XOJ EPO 2010, 406 - Notice from the European Patent Office dated 29 June 2010 concerning communications under amended Rule 161 EPC
XOJ EPO 2010, 133 - Notice from the European Patent Office dated 8 February 2010 concerning search and examination fees
XOJ EPO 2009, 542 - Notice from the European Patent Office dated 22 October 2009 concerning the refund of the examination fee (Article 11 of the Rules relating to Fees)
XOJ EPO 2008, 130 - Notice from the European Patent Office dated 11 February 2008 concerning search and examination fees