2.9.1 Review by the EPO under Art. 25 PCT

The EPO may decide, in accordance with Art. 25 PCT, to allow an international application deemed to be withdrawn, or not accorded a filing date, to proceed as a European application.

To obtain such a review by the EPO as designated Office, applicants must take the following steps within the two-month time limit under Rule 51.1 PCT:

– request the IB to send copies of documents in the files promptly to the EPO as designated Office, 

– pay the filing fee under Rule 159(1)(c) and, where required,

– furnish a translation of the Euro-PCT application. 

Applicants are recommended to undertake the remaining steps for entry into the European phase under Rule 159(1) at the same time, possibly together with a request for early processing (see E‑IX, 2.8).

The formalities officer acting on behalf of the examining division is competent to take decisions in relation to these applications (see the decision of the President of the EPO dated 12 December 2013, OJ EPO 2014, A6), and the Receiving Section transfers copies of any documents received from the International Bureau under the circumstances of Art. 25(1)(a) PCT to the examining division. Where it is decided that the application can proceed as a European application, the search and examination is carried out as for other applications, taking into account as the date of filing of the application the date it was originally filed with the PCT receiving Office and claiming the priority date of the international application, as applicable.