Entering into EURO-PCT phase -

Entering PCT regional phase before EPO, the so called EURO-PCT Phase, must take place within 31 months following the priority date of the PCT application.

In practice, the EURO-PCT phase is a mixture between the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC) which itself presupposes high complexity.

The process of entry into European phase from a PCT application can generally been defined as a series of steps to taken and a bundle of requirements to be fulfilled. 


In practice, an international application for which the EPO is designated or elected Office and which has been accorded an international date of filing, is equivalent to a regular European Patent Application and is called EURO-PCT application. Although the procedure is often considered to be the same as a regular application for grant of European Patent, the act of entry from International phase to European phase per se usually contains many pitfalls. Not complying with the requirements for EURO-PCT entry will have the effect that the application is deemed to be withdrawn and might be irreversibly lost.

Relying on an experienced European Patent Attorney is of utmost importance. Moreover, it is often obligatory to use a qualified European Patent Attorney for entry into European regional phase (EURO-PCT phase) for applicants that are neither nationals, nor have place of business within the territory of one of the EPC contracting states. 


As an EQE qualified European Patent Attorney, I assist my clients in the complex subject matter of a EURO-PCT phase entry before the European Patent Office (EPO) from the monitoring all the deadlines for entry, preparation of the EURO-PCT application, performing all acts for entry through the payment of the respective fees for entry, including the patent renewal fees, if they have already fallen due.

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