Receiving Office (RO)

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Chapter 1. Beneficiaries

The EPO can be used as RO when the applicant has (A151 EPC together R157 (1) EPC in accordance with A10 pct together R19.1.ai PCT and R19.1.a.ii PCT together A2.xii PCT):

• the nationality of a State Party to both the EPC and the PCT or
• home or headquarters in a State party to both the EPC and the PCT.

Today, all EPC member states are also members of the PCT.

Chapter 2. Conditions

Section 2.1. Filing language

The application must be filed in French, English or German (A151 EPC together R157 (2) EPC in accordance with A3.4.i PCT together R12.1.a PCT).

The provisions of theA14 (2) EPC allowing to deposit in any language do not work here (the PCT is not compatible with the PLT).

Section 2.2. Number of copies

It is not necessary to file the PCT application in more than one copy (A151 EPC together R157 (2) EPC together "Decision of the President of the European Patent Office dated 8 June 2006 concerning the number of copies required of the documents of the international patent application for which the European Patent Office (EPO) acts as an Office receiver within the meaning of the Treaty of Cooperation (PCT)” , OG 2006, 439).

The same applies to all the documents mentioned in the list of the R3.3.a.ii PCT :

• a power (that is, a document designating an agent or a common representative),
• a copy of a general power,
• a priority document,
• a sequence listing in electronic form,
• a document relating to the payment of taxes, or
• any other document (to be specified in the list).

Section 2.3. Transmission fee

The filing of a PCT application gives rise to the payment of a transmittal fee which must be paid under 1 month from the filing date (A151 EPC together R157 (4) EPC in accordance with R14.1.c PCT): 130 € (A2 (1) .18 RRT true A3.4.iv PCT together R14.1.b PCT).

Chapter 3. Place of deposit

Section 3.1. Principle

Normally, the deposit must be made directly to the EPO (A151 EPC together R157 (1) EPC): The Hague, Munich, Berlin.

The application can not be filed with an administration of a Contracting State if one wishes to have the EPO as RO (except in the case of national defense).

Section 3.2. National Defense Case

3.2.1. Principle

The national legislation of a State may provide for specific provisions concerning national defense (eg first filing with the competent State authority, prior authorization) (A151 EPC together R157 (1) EPC together A75 (2) EPC) in accordance with A27.8 PCT).

3.2.2. Transmission to the EPO

If, for reasons of national defense, the applicant is obliged to file the PCT application with a competent authority of a Contracting State, the latter must transmit it to the EPO, a true RO, no later than 2 weeks before the expiry of the 13th month following the priority date (A151 EPC together R157 (3) EPC) so that it is able to fulfill its obligations.

Chapter 4. Deposit Methods

Section 4.1. Filing by paper (by mail or on site)

The filing of the international application may be made by paper (R89bis.1.a PCT andR2 (1) EPC)

Section 4.2. Fax filing

Comme pour le dépôt d’une demande internationale, il est possible de faxer la demande de brevet à l’OEB, sur le fax des offices de Berlin, Munich and The Hague ( 'Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by telefax", OJ 2019, A18).

Nevertheless, it is still necessary to transmit in one copy (A151 EPC together R157 (2) EPC) the hard copy of the PCT application documents and the request.

On the fax, it must be stated that the application documents were sent separately on paper ("Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by telefax", OJ 2019, A18 ).

Si aucune pièce papier n’est reçue, l’OEB invite le demandeur à produire ces pièces dans un délai de 2 months.

If the applicant does not respond to this invitation, the fax is deemed not received, c’est-à-dire que la demande est deemed withdrawn (R92.4.gi PCT).

Section 4.3. Electronic filing

Electronic filing of deposit coins is possible

• via EPOLINE / CMS / online form (R89bis.1.a PCT together R2 (1) EPC and the "Decision of the President of the European Patent Office dated 9 May 2018 concerning the electronic filing of documents” , OJ 2018, A45);
• via the system ePCT-Filing (R89bis.1.a PCT together R2 (1) EPC and the "Decision of the President of the European Patent Office dated 24 October 2014 concerning the filing, by means of ePCT-Filing, of international applications at the EPO as receiving Office” , OY 2014, A107).

For subsequent filings (R89bis.2 PCT), it is possible to use the EPOLINE PCT-SFD plug-in ("Notice from the European Patent Office dated 17 April 2014 concerning the online filing of PCT-produced material at a later date” , OY 2014, A50).

Chapter 5. Commenting "PCT-Direct"

Section 5.1. terms

When filing an international application, it is possible to submit comments in response to the written opinion of the search report of the priority application ("Notice from the European Patent Office dated 8 March 2017 concerning the processing of informal comments on the results of previous searches by the EPO acting as International Searching Authority ("PCT Direct")“, OJ 2017, A21, point 2.2), if:

• the EPO is ISA for this international application;
• the EPO has completed the search report of the priority application.

Section 5.2. Form

These comments should take the following form ("Notice from the European Patent Office dated 8 March 2017 concerning the processing of informal comments on the results of previous searches by the EPO acting as International Searching Authority ("PCT Direct")“, OJ 2017, A21, point 3):

• Comments are submitted via a separate letter entitled "PCT-Direct / informal comments"
• a set of apparent trademark claims must be provided if necessary (as an appendix of comments, in the same PDF);
• the words "PCT Direct / informal comments" should be indicated:
  • in point 11 "Other elements" in case of filing on paper;
  • in the form of a remark in the case of electronic filing.
• the comments must be sufficient on their own (ie they must be understandable without having the research report or any other element of the file).

Section 5.3. Treatment

Contrary to the previous practice (before 2017), the written opinion will refer to the PCT Direct letter and treat its content, insofar as it is relevant to the international search procedure.

The letters PCT Direct will be publicly available on WIPO's PATENTSCOPE portal.