1.2 Methods of filing with the EPO as receiving Office
Overview
International applications must be filed using the PCT request form (PCT/RO/101) and submitted either electronically or on paper.
1.2.1Filing of applications by delivery by hand or by post
An international application may be filed by delivery by hand or by post with one of the EPO's filing offices in Munich, The Hague or Berlin. All EPO filing offices are based in the Central European Time (CET) zone. For further details, see GL/EPO A‑II, 1.1. The documents making up the international application must be filed in one copy only.
The date of filing accorded to an application delivered by hand or by post is the date of handing over or receipt respectively at an EPO filing office, provided that the requirements under Art. 11 are fulfilled (see GL/PCT‑EPO A‑II, 4.1).
OJ EPO 2018, A18
OJ EPO 2018, A27
OJ EPO 2017, A11
OJ EPO 2006, 439
If a filing sent by post is lost or delayed, the EPO accepts evidence of posting only if the document was sent via a postal authority or one of the following generally recognised postal service providers: Chronopost, DHL, Federal Express, flexpress, TNT, SkyNet, UPS or Transworld. As evidence, confirmation of registration by the post office or confirmation of receipt by the postal service provider must be provided at the EPO's request. Rules 82 and 82quater do not apply to the priority period, but they do apply to the time limit for submission of a request for restoration of the right of priority under Rule 26bis.3 (see GL/PCT‑EPO A‑VI, 1.5).
Art. 48(1)
R. 26bis.3, 82.1, 82quater
OJ EPO 2015, A29
An international application may be filed by fax with one of the EPO's filing offices in Munich, The Hague or Berlin. All EPO filing offices are based in the Central European Time (CET) zone.
If an international application is filed by fax, the date on which the application documents are received in full is accorded as the date of filing, provided that the requirements under Art. 11 are fulfilled (see GL/PCT‑EPO A‑II, 4.1).
If an international application is filed by fax, the original, i.e. the confirmation copy, must be filed, preferably simultaneously, and the fax should state that the confirmation copy has been filed separately on paper at the same time. The confirmation copy should be a single copy of each document making up the application and each accompanying document. The first page of the PCT request form (PCT/RO/101) sent as a confirmation copy should be marked "CONFIRMATION COPY", followed by the date of the fax transmission. It is recommended that the confirmation copy be accompanied by EPO Form 1032, which is available on the EPO website.
If the confirmation copy has not been received within 14 days of receipt of the application, the EPO as receiving Office will despatch an invitation to submit it within a month (Form PCT/RO/141). If the confirmation copy is not provided within this time limit, the international application will be considered withdrawn (Form PCT/RO/117).
If an international application filed by fax is illegible or incomplete, or the fax transmission has failed, the application will be treated as not having been received and the sender must be notified as soon as possible using Form PCT/RO/140.
R. 92.4
R. 29.1
OJ EPO 2019, A18
AI 331