2. EPO as designated or elected Office 

Since all EPC contracting states are PCT contracting states, the EPO can act as a designated Office for any EPC contracting state, provided the international application was filed on or after the date on which the EPC entered into force for that state. If this requirement is not met, it may be that on the international filing date an extension or validation agreement providing for the extension or validation of a European patent application or a European patent to or in the state for which patent protection is sought was in force between the European Patent Organisation and a PCT contracting state (see A‑III, 12 and E‑IX, 2.1.5.1). Upon filing of the PCT request, all PCT contracting states are automatically designated for both a national and, where applicable, a regional patent (Rule 4.9(a)(ii) and (iii) PCT). A European patent for any EPC contracting state can be obtained only if neither the application nor the designation of the state concerned was withdrawn during the international phase. See, however, Rule 160(3) for applications where the applicant or one of the applicants is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia (see OJ EPO 2024, A105, A‑III, 11.2.5).

The same requirements apply for the EPO acting as an elected Office. In addition, at least one of the EPC contracting states must have been elected for a European patent in the demand for international preliminary examination. Since the filing of the demand constitutes the election of all PCT contracting states that were designated for, where possible, a national and a regional patent, this requirement will automatically be met in respect of each state that was an EPC contracting state at the international filing date unless the applicant has withdrawn such election in the meantime (Rule 53.7 PCT).

In proceedings before the EPO relating to international applications, the provisions of the PCT apply, supplemented by the provisions of the EPC. In case of conflict, the provisions of the PCT prevail. The EPO cannot require compliance with requirements relating to form or contents of the international application different from or additional to those which are provided for in the PCT.

As a result of the prevalence of the PCT provisions and the requirements of Art. 150 and Art. 153 relating to international applications under the PCT in the European phase, the instructions in the earlier chapters of these Guidelines do not always apply to the procedure before the EPO as designated or elected Office.

This section deals with the specific aspects of the procedure before the EPO as designated or elected Office. It addresses, in subsections E‑IX, 2.2 to 2.5 and 2.10, the formalities examination of international applications upon entry into the European phase in so far as it differs from that applicable to European direct applications, by reference to the instructions in the appropriate sections of Part A.