How to enter the European PCT National Phase

European PCT national phase entry process

This guide explains the PCT national phase requirements for entering the national phase in Europe.

Time limits

The time limit for entering the national phase in Europe is 31 months from the earliest priority date claimed in the PCT application.

Translation requirements

It is a requirement that the international application is translated into one of English, French or German.

A translation of the description, claims, any text matter in the drawings and the abstract is required. If the claims have been amended during the international stage, a translation of both the claims as originally filed and is amended is required.

Fees

When entering the European national phase, an official National Fee is payable which may comprise a filing fee, an additional fee for pages in excess of 35, claims in excess of 16, a search the and an examination fee.

No search fee is payable where the international search report has been established by the European patent office. Furthermore, the search fee is reduced where the international search report has been established by the Australian, Russian, Japanese, Korean, Chinese or United States patent and trademarks office.

Renewal fees

Renewal fees payable for the third and each subsequent year.

Examination

Examination must be requested within six months from the date of entry in the European national phase. It is recommended to request examination at the time of filing the European national phase application.