Legal framework
For a Euro-PCT application, the acts for entry into the European phase must normally be performed within 31 months from the international filing date or, if priority has been claimed, from the priority date: Rule 159(1) EPC. Since PCT-M was filed on 6 March 2023 and claims no priority, the 31-month period expires on 6 October 2025 under Rule 131(4) EPC.
If required acts for entry into the European phase are not performed in due time, the application may be deemed withdrawn, but further processing is generally available under Article 121 EPC and Rule 135 EPC, subject to the excluded time limits.
Where the EPO acted as ISA and issued a written opinion with objections, the applicant must respond under Rule 161(1) EPC after entry into the European phase. The response may consist of amendments, comments, or both; amended claims are not mandatory.
Statement a)
False.
The latest date for entering the European phase without further processing was not 6 September 2025.
PCT-M was filed on 6 March 2023 and claims no priority. The relevant period is therefore:
6 March 2023 + 31 months = 6 October 2025.
Thus, the normal Euro-PCT entry deadline under Rule 159(1) EPC was 6 October 2025.
Statement b)
True.
If PCT-M enters the European phase on 20 October 2025, the normal 31-month period has already expired.
Late European phase entry may still be possible by using further processing under Article 121 EPC and Rule 135 EPC, but at least one further processing fee must be paid. The omitted acts must also be completed.
Statement c)
False.
It is not mandatory to file amended claims merely because the EPO, acting as ISA, considered several claims not novel.
Under Rule 161(1) EPC, the applicant must respond to the written opinion after entry into the European phase. However, the response may be comments, amendments, or both. The applicant may disagree with the written opinion and submit arguments without filing amended claims. The Euro-PCT Guide likewise states that, where the EPO acted as ISA, applicants may submit comments and file voluntary amendments within the Rule 161 period.
Statement d)
True.
For early entry into the European phase on 3 September 2025, the third-year renewal fee must be paid.
The filing date of PCT-M is 6 March 2023. Under Rule 51(1) EPC, the third-year renewal fee falls due on the last day of the month containing the second anniversary of the filing date, i.e. 31 March 2025.
For Euro-PCT applications, Rule 159(1)(g) EPC requires payment of the third-year renewal fee on entry if it has fallen due earlier. The Guidelines confirm that, if the third-year renewal fee has fallen due before expiry of the 31-month period, it must be paid within the Rule 159 period; for early processing, the applicant must comply with the relevant Rule 159 requirements as if the 31-month period expired on the early-processing date.
Since the renewal fee had already fallen due on 31 March 2025, it was a requirement for valid early entry on 3 September 2025.
Exam tip
For Euro-PCT entry, first calculate the 31-month deadline. Then check whether the third-year renewal fee had already fallen due before entry. If entry is early, apply Rule 159 as if the 31-month period expired on the early-entry date. For Rule 161 EPC, remember that a negative written opinion requires a response, but not necessarily amended claims.
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.