2.9 Review by the EPO as a designated/elected Office and rectification of errors made by the receiving Office or the International Bureau
2.9.2 Review by the EPO under Art. 24 PCT and excuse of delays under Art. 48(2) PCT
|
A revised version of this publication entered into force. |
Pursuant to Art. 24(2) PCT, the EPO as designated/elected Office may maintain the application as a European application even if this is not required by virtue of Art. 25(2) PCT (see also OJ EPO 1984, 565, Reasons 4). The filing of a request under Art. 24(2) PCT is governed by the same requirements as a request for review under Art. 25(2) PCT (see E‑IX, 2.9.1), with the exception that the two-month time limit under Rule 51 PCT does not apply (see J 19/16, Reasons 6). Such requests may have to be combined with a request for re-establishment of rights under Art. 122 or further processing under Art. 121 (see E‑VIII, 2 and E‑VIII, 3) as the appropriate means of remedying the non-observance of a time limit under the EPC.