INTERNATIONAL TREATIES
PCT
EPO discontinues its rationalised international preliminary examination procedure
The notice concerning changes in respect of PCT applications filed as of 1 January 2004 (OJ EPO 2003, 574) is clarified as follows:
Now that the search report on international applications filed on or after 1 January 2004 is accompanied by a written opinion on patentability from the International Searching Authority (see Rule 43bis PCT), the EPO has discontinued the rationalised international preliminary examination procedure described in Nos. I to IV of the President's notice dated 2 November 2001 (OJ EPO 2001, 539). Consequently, no request for "detailed" examination will be required, and the fee refund for the rationalised procedure is no longer available.
The rationalised procedure will however still apply to international applications filed before 1 January 2004 even if the demand is filed later.