"Entry into the European phase" is not an act in itself but a series of acts to be performed. In order to initiate the European phase, the applicant must perform the following acts within 31 months from the filing date or, if priority has been claimed, from the earliest priority date:
– supply the translation if the Euro-PCT application was not published in one of the EPO's official languages (see E‑IX, 2.1.3),
– specify the application documents on which the European grant procedure is to be based,
– pay the filing fee provided for in Art. 78(2), including the additional page fee for applications with more than 35 pages (see E‑IX, 2.1.4),
– pay the designation fee (and any extension or validation fees) if the period under Rule 39 has expired earlier (see E‑IX, 2.3.11),
– pay the search fee if a supplementary European search report is to be drawn up (see E‑IX, 2.1.4 and E‑IX, 2.5.3),
– file the request for examination and pay the examination fee if the period under Rule 70(1) has expired earlier (see E‑IX, 2.1.4),
– pay the renewal fee for the third year if the period under Rule 51(1) has expired earlier (see E‑IX, 2.3.12),
– where applicable, file the certificate of exhibition mentioned in Art. 55(2) (see E‑IX, 2.4.3).
Depending on the circumstances of the particular application, the applicant may additionally have to complete one or more of the following acts within the 31-month time limit:
– pay any claims fees due (see E‑IX, 2.3.8),
– file the designation of the inventor (see E‑IX, 2.3.4),
– furnish the file number or the certified copy of the application(s) of which priority is claimed (see E‑IX, 2.3.5),
– furnish a sequence listing complying with the standard (see E‑IX, 2.4.2),
– furnish the indications on the applicant mentioned in Rule 163(4) in respect of any applicant (see E‑IX, 2.3.1),
– appoint a professional representative (see E‑IX, 2.3.1),
– furnish a copy of the results of any search carried out by or on behalf of the authority with which the priority application was filed (see A‑III, 6.12).
Applicants are strongly recommended to use the most recent edition of Form 1200 available as editable electronic document from the EPO website (epo.org), as part of the Online Filing software or as part of the new online filing (CMS). For further details on the available filing methods see A‑VIII, 2.5. The form and any other documents must be filed with the EPO, they may not be sent to the IB or to an authority of an EPC contracting state.
The documents on which the proceedings in the European phase are to be based can best be indicated in section 6 of Form 1200; further details may be provided on an additional sheet. The applicant must make sure that the indications in section 6 and/or on the additional sheet correspond to any indications given in the table for section 6 provided for the calculation of the additional (page) fee to be paid for applications comprising more than 35 pages (see A‑III, 13.2). If the applicant has filed test reports (e.g. comparative examples in support of inventive step) with the EPO as IPEA, it is assumed that the EPO may also use them in the European grant proceedings.
If the applicant does not specify the application documents on which the European grant procedure is to be based, the international application as published as well as any amendments made in the international phase are considered to form part of the procedure. The additional fee to be paid for an application comprising more than thirty-five pages will be calculated on the basis of the international application as published; any amendment pages not specified as replacing the corresponding pages of the international publication will be taken as additional pages (see A‑III, 13.2).