PCT – Part C
Guidelines for Procedural Aspects in Chapter II

Contents

Chapter I – Introduction

1.General remark

2.Work of an examiner

3.Purpose of international preliminary examination

Chapter II – Formal requirements to be met before the start of the international preliminary examination

1.Filing of the demand

2.The EPO as competent IPEA

3.Identification of the international application in the demand

4.Applicant's entitlement to file a demand

5.Representation

6.Election of states

7.Signature

8.Basis for international preliminary examination

9.IPEA file

10.Correction of deficiencies

11.Payment and refund of fees

12.Transmission of demand to the International Bureau

Chapter III – Documents forming the basis of the international preliminary examination

1.Substitute sheets and rectified sheets

2.Sheets filed under Rule 20.6 containing missing parts or elements or correct parts or elements

3.Amended sheets

4.Added subject-matter

Chapter IV – Examination of the WO‑ISA and replies

1.General procedure

2.Despatch of a further written opinion (Form 408)

2.1Procedure when the EPO was not the ISA

2.2Procedure when the EPO was the ISA

2.3Supplementary international search (SIS) by another office

2.4Files arriving late

2.5Request for a further written opinion

3.Late-filed reply after a first or further WO-IPEA (408) has been sent

4.Consequences of a restriction of the search

4.1Submissions prompted by a restriction of the search or a declaration that no search is possible

4.2Consequences of a declaration of no search or an incomplete search in subsequent European procedure

5.Top-up searches in PCT Chapter II

5.1Timing, basis and forms

5.2Exemptions from top-up search

5.3Documents newly found in the top-up search, when further objections are present

5.4Intended positive IPER and top-up search

Chapter V – Unity of invention

1.Unity of invention under Chapter II

2.No payment of additional search fees

3.Searched claims did not comply with unity of invention

3.1Payment of additional search fees without protest

3.2Payment of additional search fees under protest

3.3No request for payment of additional search fees

4.Applicant's reply to the invitation to pay additional fees (Form 405)

4.1No payment of additional examination fees or failure to reply

4.2Payment of additional examination fees without protest

4.3Payment of additional examination fees under protest

5.Protest procedure

5.1Admissibility of the protest as checked by the formalities officer

5.2The work of the Review Panel

Chapter VI – Time limits

1.Start of the international preliminary examination

2.Time limit for international preliminary examination

3.Extension of the time limit

Chapter VII – Other procedures in examination

1.Request for an interview or telephone consultation

2.Confidentiality

3.Examination of observations by third parties

Chapter VIII – The IPER

1.Opinion given in the IPER (Form 409)

2.Completing the IPER

2.1Sequence listings

3.Positive or negative IPER

4.Rectification of the IPER

Chapter IX – Special requests

1.Withdrawal of demand under Chapter II

2.Request for examination of a different set of claims

3.Request for examination of certain claims only

4.Complaint against the findings at the search stage