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PCT European Phase (Entry of International /PCT Application into European national phase)

(EPO acting as designated or elected office)

Euro-PCT application procedure is one of our main areas of operation. For that purpose we are giving the following practical information to our potential clients.

How this procedure starts?

By submitting to EPO special completed form.

Is for this procedure one European patent attorney/agent necessary?

Yes, for all applicants residing outside Europe.

Is in the application the inventor to be mentioned?

Yes, data concerning the inventor must be provided.

What is the time limit for entering one international application in European phase?

31 Months from the date of filling or, if priority has been claimed, from the earliest priority date.

Priority claim

Priority claim If priority is claimed, has to be indicated date on which the previous application was filed, state/s in which was filed and the application number/s. (For earlier Regional application indication of the Regional patent granting authority).

What elements has to contain international patent application entering European phase?

PCT request, description, claims and abstract, as well drawings (if necessary).

In case of any questions related to this procedure, do not hesitate to contact us, we shall give you all further disposable information and support.

 

Euro – PCT application

Entry of PCT Application into European regional phase Requirements for entry

 

In respect of an international application entering into Europe (EPO National Phase)  ,the applicant is obliged to 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)
If the Euro-PCT application is published in another language, a translation of the international application into one of the EPO official languages (English, French or German) shall have to be filed with the European Patent Office,

(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 of 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 of 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 i.e. 24 months from filing of the international application

(h)
file, where applicable, the certificate of exhibition

(when the applicant or his legal predecessor has displayed the invention 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.)