1.2 Euro-PCT applications 

For applications filed via the PCT route (Euro-PCT application), the six-month period under Rule 70(1) begins with the publication of the PCT search report or the declaration under Art. 17(2)(a) PCT. However, as is laid down in Art. 150(2), the time limit for requesting examination of a Euro-PCT application does not expire before the time prescribed in Art. 22 PCT and Art. 39 PCT (i.e. not before the time limit of Rule 159(1)(f)), namely 31 months from the date of filing of the application or, if priority has been claimed, from the priority date). Therefore, as a rule and unless the PCT search report was published or a declaration under Art. 17(2)(a) PCT was issued more than 25 months after the date of filing or the earliest priority date, the request for examination must be filed and the examination fee paid within the 31-month time limit. The time limit will not be affected by whether a supplementary European search pursuant to Art. 153(7) needs to be made or whether a translation of the international application is again published by the EPO pursuant to Art. 153(4).

If the request for examination of a Euro-PCT application has not been filed within the time limit, the application is deemed withdrawn under Rule 160(1). In such a case, however, the applicant can file a request for further processing pursuant to Art. 121 (see E‑VIII, 2).

Where the Euro-PCT application is subject to the preparation of a supplementary European search report (see B‑II, 4.3), the day of dispatch of the report will be indicated in the European Patent Bulletin. While the report itself is not published, it is available for file inspection. once Once this report has been dispatched, a communication under Rule 70(2) is sent to the applicant inviting them to confirm the request for examination within six months of that communication's notification (see E‑IX, 2.5.3). Within that six-month period, the applicant can comment on both the report and the search opinion and file amendments. If no deficiencies are noted in the search opinion accompanying the supplementary European search report, the response of the applicant is voluntary (see OJ EPO 2009, 533). However, if deficiencies are noted, a response is required under Rule 70a(2). If the required response is not submitted within the specified period, the application is deemed withdrawn under Rule 70a(3). In such cases, the applicant may file a request for further processing pursuant to Art. 121. Applicants can waive their right to be asked whether they wish to proceed further with the application (see also C‑VI, 3), for example by selecting the appropriate checkbox on EPO Form 1200 (see E‑IX, 2.5.3).