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GL-PCT C II 9 IPEA file

The EPO as IPEA promptly establishes the file when the conditions under Rule 69.1(a) are fulfilled, using the existing ISA file or creating a new file if the EPO was not the ISA.[]

GL-PCT C II 8 Basis for international preliminary examination

The preliminary examination is based on the international application either as filed or as amended under Article 19 or 34 (see also GL/PCT‑EPO C-III).[Art. 19; 34 PCT; ]

Applicants must indicate on which basis they wish the IPEA to start the international preliminary examination – the

GL-PCT C II 7 Signature

The demand must be signed either by all the applicants or by the (common) agent or the common representative.[Rules 53.8; 90.3(a); 90.4(a); (b); ]

GL-PCT C II 6 Election of states

The filing of the demand constitutes the election of all contracting states which are designated and are bound by Chapter II of the PCT.[Art. 37; Rule 53.7; GL/ISPE 22.11; ]

GL-PCT C II 5 Representation

The demand should indicate the agent or common representative who has been appointed by the applicant(s) or a sub-agent who has been appointed by an agent appointed under Rule 90.1(a) ("the agent for the international phase").[Rule 90; Art. 31(2); Rule 54; ]

Where an agent is appointed, any correspondence intended for the applicant will be sent to the address indicated for the age

GL-PCT C II 4 Applicant's entitlement to file a demand

The demand should contain the name and the address (including postal code and name of the country) of the applicant, the state of nationality and the state of residence.[Art. 31(2); Rules 18.1; 54; ]

Sole applicants must have their residence in, or be a national of, a PCT contracting state bound by PCT Chapter II.

GL-PCT C II 3 Identification of the international application in the demand

The international application must be identified by indicating the international application number, the international filing date, the title of the invention and the name and address of the applicant.[Rules 53.6; 60.1(b); ]

GL-PCT C II 2 The EPO as competent IPEA

The IPEA receiving the demand should ensure that it is competent to act as IPEA.[Art. 31(6)(a); 32; Rule 59.3; ]

Although the EPO's competence as an IPEA is not restricted to international applications from EPC contracting states, restrictions of various nature limit its competence.

In particular, the EPO is competent to act as IPEA only if the international search

GL-PCT C II 1 Filing of the demand

The demand for international preliminary examination must be made using the prescribed form (PCT/IPEA/401).[Art. 31(3); Rule 53; ]

A demand for preliminary examination selecting the EPO as IPEA must be filed with the EPO in Munich, Berlin or The Hague, in writing, by hand, by post, by facsimile or electronically.