Legal Evaluation of Each Statement
Antonia (Argentinian national, living in Argentina) wants to file:
- an international (PCT) application PCT-A, and
- a European patent application EP-A.
The answer depends on (i) whether Argentina is a PCT Contracting State (for PCT receiving office competence) and (ii) the EPC rules on who may file and where.
PCT filing (PCT-A): competence of the receiving Office
A PCT application may be filed with a competent receiving Office typically based on the applicant’s nationality or residence in a PCT Contracting State.
Legal Evaluation of Each Statement
a) Antonia can validly file PCT-A with the International Bureau of WIPO — False
WIPO states that direct filing with the International Bureau (RO/IB) is available to any resident or national of a PCT Contracting State.
Argentina is listed by WIPO among States bound by the Paris Convention but not the PCT, i.e. it is not a PCT Contracting State.
Therefore, Antonia (sole applicant) cannot validly file PCT-A with the International Bureau.
b) Antonia can validly file PCT-A with the EPO — False
The EPO’s PCT Guidelines explain that filing a PCT application with the EPO as receiving Office is available to persons who are nationals or residents of an EPC Contracting State (within the PCT framework).
Antonia is Argentinian and resident in Argentina, so she does not meet this entitlement requirement. Hence she cannot validly file PCT-A with the EPO.
EPC filing (EP-A): entitlement and filing locations
c) Antonia can validly file EP-A with the EPO — True
Article 58 EPC provides that a European patent application may be filed by any natural or legal person, i.e. there is no nationality/residence restriction on filing itself.
So Antonia may file EP-A at the EPO.
d) Antonia can validly file EP-A with the Swiss Patent Office — True
Article 75(1) EPC allows an EP application to be filed either:
- with the EPO, or
- with the national office of an EPC Contracting State, if the law of that state permits.
The EPO’s “National law relating to the EPC” table for Switzerland confirms that the applicant can choose between the EPO and the national authorities (Swiss Patent Office), i.e. Swiss law permits such filing.
Therefore EP-A can validly be filed with the Swiss Patent Office.
Exam Tip:
When asked “where can X file EP/PCT?”:
- PCT: always check whether the applicant is a national or resident of a PCT Contracting State (otherwise RO/IB and most ROs aren’t competent).
- EP filing entitlement is broad: Art. 58 EPC = anyone can file.
- Filing location for EP: EPO or (if permitted) a national office of an EPC Contracting State under Art. 75 EPC—then confirm permission via the EPO national-law table.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.