Guidelines for Search and Examination at the EPO as PCT Authority – Table of Contents
List of sections amended in 2025 revision
MAJOR AMENDMENTS
GENERAL PART |
New section on relationship between the PCT and EPC |
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PART A |
New section on transmittal of the international application to the ISA and IB |
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Addition of information about EPO Contingency Upload Service as an exceptional means of filing debit orders |
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New section on fee for establishment and transmittal of a certified copy of priority documents to the IB |
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New section on applications disclosing nucleotide and/or amino acid sequences |
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New sections on provision of priority document, certified copies of international applications, designation of states and designation of inventors |
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New sub-sections on extension states, validation states and non-designation for reasons of national law |
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New sub-section on sequence listings |
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New sub-section on language of international applications, amendments and demands |
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Update regarding new practice in relation to signing and filing authorisations |
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PART B |
New sub-section on competences of the EPO as ISA |
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Update regarding new practice in relation to access to patent literature documents in search and examination proceedings |
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PART C |
New sub-sections on the time limit for filing the demand and for delaying national phase entry |
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New section on language requirements |
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New sub-section on subject-matter which the IPEA is not required to examine |
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Update regarding new practice in relation to access to patent literature documents in search and examination proceedings |
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PART E |
Addition of Chile and New Zealand to list of the EPO’s PPH partner offices |
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New chapter on time limits in the international phase |
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New chapter on external complaints |
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New chapter on notification of communications |
MINOR AMENDMENTS
GENERAL PART |
Introduction of more consistent abbreviations |
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Addition of reference to the footnote |
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Deletion of outdated information |
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Clarification on “Agreement EPO-WIPO” |
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Addition of reference to missing forms |
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Addition of reference to EPC and PCT rules and articles |
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PART A |
Update regarding filing with the EPO as receiving Office in the case of two or more applicants |
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Update regarding change in relation to international applications sent by fax (no longer accepted by the EPO) |
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Update regarding requirements for documents filed electronically |
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Deletion of section to reflect the abolition of fax as a means of filing |
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Update regarding sub-offices and non-availability of automatic mailboxes |
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Addition of information about legal effect of filing of applications by means other than the means referred to in A‑II, 1.2.1 and A‑II, 1.2.2 |
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Clarification on priority documents issued in paper form |
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Deletion of redundant information referring to fax filings and web-form filing |
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Update regarding selection of the EPO as receiving office |
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Update regarding “international filing date” |
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Clarification on calculation of the international filing fee |
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New section on fee for a certified copy of priority document |
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Clarification on procedure in the case of absence of a validly filed demand |
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Addition of reference to the WIPO website |
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Addition of term “supplementary” in the title and the text |
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Update regarding further digitalisation of the fee refund procedure |
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Update regarding refund of the international search fee |
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Update regarding decision by the RO on a request for restoration of the right of priority |
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Deletion of redundant information relating to transfer of the priority right |
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Clarification on language of translation when applications are not filed in a PCT language |
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Clarification on practice concerning the language of proceedings when the EPO did not act as RO |
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Restructured section – content moved from B‑XI, 2.2 |
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Addition of reference to EPC Guidelines |
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Clarification on applicant’s signature |
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Clarification on signing of power of attorney by the applicant |
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PART B |
Clarification on possible representation of applicants by a person having the right to practise before the receiving office |
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Addition of reference to OJ EPO 2024 A54, A55 regarding applicable version of Standard ST.26 |
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Clarification on practice regarding possibility of filing a divisional application |
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Update regarding practice in relation to international preliminary examination |
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Update regarding missing sequence listings and lack of unity of invention |
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Clarification on cases where the EPO is not required to perform an international search |
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Clarification on the EPO's practice as ISA with regard to methods of doing business |
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Deletion of redundant information |
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Clarification on practice regarding unsearchable claims |
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Update in view of Article 17(2)(a)(ii) PCT |
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Restructured section – content moved to A‑VII, 3.2 |
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Clarification on practice regarding form of dialogue between applicants and ISA |
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Clarification on practice concerning the provision of the relevant documents in an electronic format complying with Annex C to the Administrative Instructions |
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PART C |
Deletion of passage to reflect the abolition of fax as a means of filing |
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Clarification on the EPO as IPEA |
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Update regarding representation before the EPO as IPEA |
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Update regarding information on valid withdrawal of designation |
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Update regarding practice in relation to missing signatures |
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Clarification on amendments filed before preliminary examination |
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Clarification on practice in relation to signature of all applicants |
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Addition of information regarding the international preliminary examination in the absence of fee payments |
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Update regarding “second written opinion” |
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Update regarding “first written opinion” |
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Update regarding written opinions during international preliminary examination |
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Update regarding the purpose of top-up searches |
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Addition of reference to Box No. IV of the PCT demand form PCT/IPEA/401 |
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Update regarding requests for consultation by telephone |
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Restructured section |
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PART E |
Clarification on accelerated proceedings in the case of third-party observations |
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PART F |
Deletion of reference to Euro-PCT Guide |
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Update regarding the availability of biological material (title and content) |
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PART G |
Adaptation to long-standing practice regarding non-written disclosure (PCT Assembly Doc. A/56/2, Annex V, p.3) |
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PART H |
Update regarding replacement of claims when amendments are filed |
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Addition of a list of possible indicated amendments |
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Clarification on granted request for incorporation by reference of missing element or part |
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H‑II, 3 |
Deletion of section to align with deletion of EPC Guidelines content referenced |
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Clarification on practice concerning procedure for EPO as ISA if substitute sheets under Rule 26 PCT go beyond the disclosure on the filing date |
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Update regarding language requirements for error corrections (A‑VII, 3.1) |