4.3 Substantive examination of a Euro-PCT application accompanied by an IPER
Overview
4.3 Substantive examination of a Euro-PCT application accompanied by an IPER
The substantive examination is conducted in the same way as with any other European applications. Where the EPO was the International Preliminary Examining Authority, the international preliminary examination will normally have been carried out by the examiner responsible for examining the related Euro-PCT application.
The application to be examined will be accompanied by an international preliminary examination report drawn up in one of the official languages of the EPO. New documents in the original language may be attached in annex to the report (Art. 36(3)(a) PCT and Rule 70.16 PCT). The application will also be accompanied by a translation of the annexes, transmitted by the applicant, in the same language into which the international preliminary examination report was translated (Art. 36(3)(b) PCT).
The examination must be conducted in accordance with Art. 41 PCT and Art. 42 PCT, which stipulate that:
(i)the applicant must be given the opportunity to amend the claims, the description and the drawings within a time limit prescribed pursuant to Rule 78.1(b) PCT or Rule 78.2 PCT (see also Rules 159(1)(b) and Rule 161); and
(ii)the EPO cannot require that the applicant furnish copies, or information on the contents, of any papers connected with the examination relating to the same application in any other elected Office.