According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) The deadline for entering the European regional phase is 31 months from the earliest priority date of the International (PCT) application, or from the filing date of the PCT application if no priority is claimed.

For entry into the European phase, has to be completed EPO Form 1200. The European Patent Office (EPO) as designated or elected Office will not start processing the application in the European phase before expiry of the 31-month period. If the applicant wishes the EPO to start processing the application earlier, must file an explicit request for early processing. This can be done by selecting the relevant checkbox in EPO Form 1200.

Late Entry Into European Regional Phase

In case of a late entry Into European Phase, the following two legal remedies are available: - a first available remedy is further processing under Article 121 EPC. and, - a second remedy may be re- establishment of rights under Article 122 EPC.

Prepared April 4th , 2025

by European Patent Registration and Consulting Services

provided by Lawyers Antevski – European patent law services Tel.+41 76 7094620; ; Tel.+38970 260 389;

Fax. +389 2 3239 168; Fax.+4989 919454;

Email: za@european-patent-registration.com [1]

Email: european.patent.reg.services@gmail.com [2]

www.european-patent-registration.com [3]

http://www.facebook.com/patent.registration.europe [4] https://www.linkedin.com/company/european-patent-registration-and-consulting-services [5]
Google business profile:
Google search: EUROPEAN PATENT REGISTRATION SERVICES PROV. BY LAWYERS ANTEVSKI – EUROPEAN PATENT LAW SERVICES