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Guide for applicants. Part 2

PCT procedure before the EPO ("Euro-PCT")

Part 2 of the "Guide for applicants" is aimed at those interested in pursuing the procedure under the PCT and focuses on elements specific to the PCT procedure before the EPO. This part of the Guide is referred to as the "Euro-PCT Guide" to distinguish it from the PCT Applicant's Guide published by WIPO (WIPO PCT Guide), which is available on the WIPO website.

The "Euro-PCT Guide" aims to cover all the points to note when the EPO acts in its capacity as:

  • a receiving office,
  • an international searching authority and international preliminary examining authority, and/or
  • a designated or an elected office.

Annex II shows the different phases of a Euro-PCT application and Annex III provides information on the time limits to be respected.

This 4th edition of the Euro-PCT Guide provides a detailed overview of the PCT procedures before the EPO, as applicable from 13 December 2007(date of entry into force of the EPC Revision Act of 29 November 2000). Thus, any reference to the EPC and its Implementing Regulations thus refers to the EPC 2000 unless indicated otherwise.

The present edition of the Euro-PCT Guide is updated to 1 April 2008. Any changes to the PCT procedures before the EPO after that date are not reflected in the information here provided. Therefore, if use is made of this Guide, applicants are advised to refer to the EPO Official Journal whether any relevant changes to the procedures have entered into force since 1 April 2008.

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