3.2. Remedies under the PCT applied by the EPO as designated Office
3.2.2 Opportunity to correct before designated Offices (Art. 26 PCT)
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
In accordance with Art. 26 PCT, the EPO as designated Office must not reject an international application on the grounds of non-compliance with the requirements of the PCT and its Regulations without first giving the applicant the opportunity to correct that application to the extent and according to the procedure provided under the EPC for the same or comparable situations in respect of European patent applications.
In J 8/01 the Legal Board held that the competence of the receiving Office under R. 91.1(e)(i) PCT did not exclude the application of Art. 26 PCT to allow for correction under regional law in proceedings before the EPO after entry of the application into the regional phase. See also J 2/92.