entering EAPO regional phase for a PCT application
Posted: 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?
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?