The European Patent Office as designated Office or elected Office

According to Article 153 of the European Paten Convention (EPC) ,



The European Patent Office (EPO) shall be



a designated Office for any State party to the European Patent Convention (EPC) in respect of which the PCT is in force, which is designated in the international application and for which the applicant wishes to obtain a European patent, and



an elected Office, if the applicant has elected a State designated pursuant to letter (a) of this article.



An international application for which the European Patent Office is a designated or elected Office, and which has been accorded an international date of filing, shall be equivalent to a regular European application (Euro-PCT application). 



The international publication of a Euro-PCT application in an official language of the European Patent Office shall take the place of the publication of the European patent application and shall be mentioned in the European Patent Bulletin.  



If the Euro-PCT application is published in another language, a translation into one of the official languages shall be filed with the European Patent Office, which shall publish it. Subject to Article 67, paragraph 3 of EPC , the provisional protection under Article 67, paragraphs 1 and 2 of EPC (regulating Rights conferred by a European patent application after publication ) , shall be effective from the date of that publication.



The Euro-PCT application shall be treated as a European patent application and shall be considered as comprised in the state of the art under Article 54, paragraph 3, of EPC (regulating Novelty of one invention) if the conditions laid down in paragraph 3 or 4 of the same article and in the EPC Implementing Regulations are fulfilled.



The international search report drawn up in respect of a Euro-PCT application or the declaration replacing it, and their international publication, shall take the place of the European search report and the mention of its publication in the European Patent Bulletin.



A supplementary European search report shall be drawn up in respect of any Euro-PCT application under paragraph 5 of this art.icle. The Administrative Council may decide that the supplementary search report is to be dispensed with or that the search fee is to be reduced.


Prepared by European Patent Registration and Consulting Services