EURO – PCT APPLICATION, REQUIREMENTS FOR ENTRY INTO EUROPEAN PHASE

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

In respect of an international application for which the European Patent Office(EPO) is a designated or elected Office , the applicant shall perform the following acts within thirty-one months from the date of filing of the application or, if priority has been claimed, from the priority date:


(a)

supply, where applicable, the translation of the international application in one of the EPO Official languages (English, French or German) if the Euro-PCT application is published in another language,
 

(b)

specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based; 
 

(c)

pay the filing fee,


(d)

pay the designation fee if the period under Rule 39 of the EPC IR ( within six months of the date on which the European Patent Bulletin mentions the publication of the European search report) has expired earlier;
 

(e)

pay the search fee, where a supplementary European search report has to be drawn up;

 

(f)

file the request for examination if the period under Rule 70, paragraph 1, of the EPC IR (up to six months after the date on which the European Patent Bulletin mentions the publication of the European search report ) has expired earlier;
 

(g)

pay the renewal fee in respect of the third year, if the fee has fallen due earlier under Rule 51 , paragraph 1 of the EPC IR (A renewal fee for the European patent application in respect of the coming third year shall be due on the last day of the month containing the anniversary of the date of filing of the European patent application.)

 

(h)

file, where applicable, the certificate of exhibition,
if a disclosure of the invention occurred no earlier than six months preceding the filing of the European patent application and the disclosure was done at an official, or officially recognised, international exhibition falling within the terms of the Convention on international exhibitions signed at Paris on 22 November 1928 and last revised on 30 November 1972.

 

(2)

The EPO Examining Division shall be competent to take decisions of the European Patent Office under Article 25, paragraph 2(a) PCT. (i.e. shall decide whether the refusal, declaration, or finding, referred to in paragraph (1) was justified under the provisions of this Treaty and the Regulations).

 

Prepared January 27th , 2025
 

by European Patent Registration and Consulting Services

provided by Lawyers Antevski – European patent law services
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