Examination at the EPO as PCT Authority

November 2017 edition

The Guidelines for Search and Examination at the EPO as PCT Authority give instructions on the practice and procedure to be followed in various aspects of the handling of international applications before the EPO as International Searching Authority and International Preliminary Examining Authority.

Content description

By decision of the President of the EPO
pursuant to Article 10(2) EPC, the Guidelines for Search and Examination
at the EPO as PCT Authority have been amended. As announced in the notice from the EPO dated 24 August 2017
(OJ EPO 2017, A76), they apply as from 1 November 2017.

The Guidelines have the following
seven-part structure:

• Part A: Guidelines for
  Formalities Examination
• Part B: Guidelines for
  Search
• Part C: Guidelines for
  Procedural Aspects in ChapterII
• Part E: Guidelines on
  General Procedural Matters
• Part F: The International
  Application
• Part G: Substantive
  Requirements of the Application
• Part H: Amendments and
  Corrections

Part A deals with the procedures for
formalities examination when the EPO acts as receiving Office, (Supplementary)
International Searching Authority and International Preliminary Examining
Authority. Part B deals with search matters when the EPO acts as
(Supplementary) International Searching Authority. Part C relates to
procedures to be followed in Chapter II when the EPO acts as International
Preliminary Examining Authority.

Part E deals with procedural matters
relevant to several or all of the stages of the procedure before the EPO as
International Authority.

Substantive requirements are explained in
Parts F, G and H:

• PartF deals with the requirements
  which the application must fulfil other than patentability, in particular unity
  of invention (Rule13 PCT), sufficiency of disclosure
  (Art.5PCT), clarity (Art.6PCT) and the right to
  priority (Art.8PCT).
• PartG deals with subject-matter
  excluded from search (Art.17(2)(a)(i) and Rule39 PCT) and
  examination (Art.34(4)(a)(i) and Rule67PCT), novelty
  (Art.33(2)PCT), inventive step (Art.33(3)PCT) and
  industrial application (Art.33(4)PCT).
• PartH deals with the requirements
  relating to amendments and corrections, in particular compliance with
  Art.19(2)PCT and Art.34(2)(b)PCT.

Available formats and amendments

The revised Guidelines for Search and
Examination at the EPO as PCT Authority (November 2017) are available
online in the EPO’s three official languages in both PDF and HTML format.

In the 2017 revision, amendments have been
made in all parts. The major change is the expansion of
Part A, which now includes a comprehensive chapter on fees.

The amendments can be viewed in the HTML
publication by ticking the “Show modifications” box in the upper
right corner, which displays inserted text with a green background and deleted
text in red strikethrough font. For sections in which no changes have been
made, the tick box is greyed out.

To search within full-text HTML
versions of EPO legal texts, use our advanced search. You can limit your search to one or more
of these texts.

Important notice: The November 2017
edition of these Guidelines is the only valid official version, and supersedes
the November 2016 edition as from 1 November 2017.