Chapter 2 – The EPO as a PCT receiving Office
2.6 International filing date
2.6.001The following criteria must be met for the receiving Office to accord an international application an international filing date:
–the applicant is entitled to file it with the receiving Office;
–it is in the prescribed language;
–it indicates that it is intended as an international application;
–it designates at least one contracting state;
–it states the applicant's name;
–it contains a description; and
–it contains a claim or claims.
Art. 11 PCT
WIPO PCT Guide 6.005
2.6.002No other criteria must be met to obtain an international filing date. So, if the criteria listed above are met, the EPO will notify the applicant of the international filing date by indicating it on Form PCT/RO/105. Following a change in practice, the EPO as receiving Office now no longer attaches a copy of the received request (Form PCT/RO/101) to Form PCT/RO/105.
PCT Newsletter 3/2022, 7
2.6.004Applicants must carefully consider the date on which an international application is to be filed and accordingly choose an appropriate way of filing to assure timely receipt at the EPO (see point 2.2.001).
2.6.005The date of receipt (which may qualify as the international filing date under Article 11(1) PCT; see point 2.6.001) of an application filed with the EPO as receiving Office is the date on which the application is received at the EPO or, in exceptional cases (see points 2.2.015-2.2.019), at a national patent office of an EPC contracting state acting as filing office on behalf of the EPO.
2.6.006Each international application has a single filing date. The term "international filing date" should therefore not be interpreted as if there is any further filing date in respect of an international application. The word "international" only refers to the fact that the application concerned was filed as an application under the PCT.
2.6.007The (international) filing date is not to be confused with the date of entry into the European phase before the EPO or into any national phase before a designated/elected Office (see graphic under point B. "The international and European phases of a PCT application"). This means that even after entry into the European phase any reference to the filing date of the international application concerned is a reference to the international filing date (see points 5.2.001 ff).