4.1 General
4.1.8.When does the international preliminary examination start?
4.1.030As of 1 July 2019, the EPO as IPEA, by default, starts the international preliminary examination when it is in possession of all of the following:
–the demand,
–the fees payable for international preliminary examination and
–either the ISR or the declaration under Article 17(2)(a) PCT, and the written opinion established under Rule 43bis.1 PCT
unless the applicant expressly requests to postpone the start of the international preliminary examination until the expiration of the applicable time limit in Rule 54bis PCT (see point 4.1.027).
R. 66.1 PCT, R. 66.4bis PCT, R. 69.1(a) PCT
WIPO PCT Guide 10.051
PCT Newsletter 06/2019, 12
4.1.031In practice, this should result in more time being available for the EPO as IPEA to carry out the international preliminary examination compared to the situation prior to 1 July 2019 where the IPEA had to wait until the expiration of the applicable time limit under Rule 54bis PCT. In particular, it will give more time to the EPO as IPEA to exchange with the applicant regarding the amendments thereby improving the quality of the written opinion of the IPEA and the IPRP Chapter II. Furthermore, the earlier the written opinion and IPRP Chapter II are made available, the easier it is for the applicant to accelerate the processing of the international application via the PPH (pilot) programme (see point 4.1.012).
4.1.032Applicants who want the international preliminary examination to be carried out on the basis of amendments to the claims, description or drawings filed pursuant to Article 34 PCT but need more time to file those amendments must indicate this by checking the appropriate box or boxes in Box No. IV, item 1, of the PCT demand form (PCT/IPEA/401). The EPO as IPEA will then issue a communication inviting them to submit the amendments within a fixed time limit.
4.1.033Where the WO‑ISA is considered a first written opinion (see point 4.2.016), a single extension of one month for filing a reply (amendments and/or arguments under Article 34 PCT) is in principle granted if requested before expiry of the normal time limit under Rule 54bis PCT and on condition that the time limit so extended does not expire later than 25 months from the (earliest) priority date (see also point 4.2.025). The extension does not apply to the time limit for filing the demand, which cannot be extended.