entering EAPO regional phase for a PCT application

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panchenko
Posts: 1
Joined: Wed Jan 20, 2016 2:41 pm

entering EAPO regional phase for a PCT application

Post by panchenko » Wed Jan 20, 2016 3:54 pm

The PCT application No PCT/EA/2014/000017 was filed through e-filing (at the time the office had only recently introduced the e-filing procedure). Everything was done within the deadline (the zip file was prepared, saved on the disc and sent by e-mail). The PCT filing date was established as the date on which the paper application materials were received by the office, i.e. 3 weeks too late to save the priority. The Applicant managed to restore the priority and was granted the PCT/RO/159 form according to 26bis. 3 (h)(iii) of the PCT Instruction).

In view of the above-mentioned:
1. Will EPO agree with the PCT/RO/159 form according to 26bis. 3 (h)(iii) of the PCT Instruction?
2. Will the EPO consider that the European application lacks novelty if the priority for the European application has not been restored?
3. Taking into consideration all of the above-mentioned, should the Applicant enter the regional phase at all?


EPO / Patent Information
Posts: 482
Joined: Wed Nov 12, 2014 3:36 pm

Entering EAPO regional phase for a PCT application

Post by EPO / Patent Information » Fri Jan 22, 2016 8:20 am

Good morning,

I have sent you a private message. We do not answer queries on files or procedural information relating to specific patent applications on the forum.

As I suggested in my message, please send these types of queries to our customer services (support@epo.org) who will forward it to the department responsible for the file.

Kind regards,

Lisa McDonald-Maier
Head Patent Information User Support


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