Advent Calendar 2025 - Questions only
As part of Fillun’s 5th Advent calendar, PCT-related quiz questions were posted on LinkedIn on every day of December. If you didn’t follow it on LinkedIn, but would like to refresh PCT by answering the questions, you can find the questions in this post.
The answers are available here.
1. A Spanish company and a Japanese natural person living in the US jointly file an international application. How many competent receiving Offices can the applicants choose from? (single choice)
A. 2
B. 3
C. 4
D. 5
2. An international application was filed on 4 July 2025 without claiming priority. The description refers to drawings, but none are included. The drawings are submitted on 20 July 2025.
Which statement(s) is/are correct? (multiple choice)
A. The international filing date remains 4 July 2025.
B. The international filing date will become 20 July 2025.
C. The international filing date can remain 4 July 2025 if the applicant adds a declaration to priority to an earlier application which contained the same drawings, at the latest when the missing drawings are filed.
D. It is not possible to file the drawings later, so they will be disregarded.
E. In case the receiving Office does not notice the missing drawings, the latest day to file them is 4 September 2025.
3. EPO as receiving Office issues a Rule 16bis.1 PCT communication dated 1 December 2025 inviting the applicant to pay the international filing fee, search fee and transmittal fee.
Which statement(s) is/are correct? (multiple choice)
A. The fees can also be paid to the IB.
B. The applicant has to pay these fees no later than 2 January 2026 together with a late payment fee.
C. If the fees are still not paid in response to this invitation, it is possible to request further processing by paying the 150% of the fees.
D. The fees can also be paid within 2 months of the date of receipt of the application if that time limit expires later.
E. It might still be sufficient to pay the fees one day after the time limit set in the Rule 16bis.1 PCT invitation to avoid the deemed withdrawal of the application.
4. (EPAC question) Company M, which has its principal place of business in Tijuana, Mexico, validly filed an international patent application PCT-M with the Mexican Institute of Industrial Property. The application was filed in Spanish. A few days later, the applicant files an English translation of the application.
Which of the following statements is correct? (single choice)
A. The applicant can choose the EPO as ISA and the USPTO as IPEA.
B. The applicant can choose the USPTO as ISA and the EPO as IPEA.
C. The applicant can choose the Austrian Patent Office as ISA and the EPO as IPEA.
D. The applicant can choose the EPO as ISA and the Intellectual Property Office of Singapore as IPEA.
5. The filing date of a national application is 2 March 2024. An international application claiming priority from the national application is filed at the EPO on 10 April 2025.
By when must the request for restoration of the right of priority be filed at the EPO as rO? (single choice)
A. 3 March 2025 Monday
B. 2 May 2025 Friday
C. 5 May 2025 Monday
D. 6 May 2025 Tuesday
E. 10 June 2025 Tuesday
6. For a Euro-PCT application to be considered a prior right under Art.54(3) EPC, it is required that: (multiple choice)
A. The application was published in EN/DE/FR or an EN/DE/FR translation was filed with the EPO.
B. All steps of R.159(1) EPC were completed.
C. The application is pending before the EPO (in the EP phase).
D. The filing fee under R.159(1)(c) EPC was paid.
E. The designation fee under R.159(1)(d) EPC was paid.
7. A US, a Brazilian and a Serbian natural person jointly file an international application in Portuguese at the EPO.
Which office will act as receiving Office? (single choice)
A. EPO
B. IB
C. USPTO
D. Brazilian patent office
8. A declaration of no search is issued by the ISA under Art.17(2)(a) PCT on 10 December 2025. The priority date of the international application is 15 September 2024.
By when may the applicant file amended claims under Art. 19 PCT? (single choice)
A. 12 January 2026 (Monday)
B. 15 January 2026 (Thursday)
C. 10 February 2026 (Tuesday)
D. None of the above (for any reasons).
9. An international application is filed in Korean on 10 January 2024.
Which statement(s) is/are correct for third party observations filed in the international phase?
A. Third party observations can be filed after the application is published and on 10 July 2026 the latest.
B. Third party observations can be filed without citing prior art document, for example by addressing clarity issues in the claims of the international application.
C. Third party observations have to be filed in one of the ten languages of publication.
D. Third party observations have to be filed in the language the application is published, i.e. in Korean.
E. The applicant may comment on the observations in English, French or the language in which the international application is published, i.e. in Korean.
10. An international application was filed in English, with the exception of the drawings, which contained text in Hungarian.
Does the text matter in the drawings have to be translated? (multiple choice)
A. Yes, the receiving Office will send an invitation asking the applicant to translate the text in the drawings to English.
B. No, the text matter in the drawings does not have to be translated.
C. Yes, the text matter will have to be translated into any of the languages of publication in Rule 48.3 PCT.
D. The time limit to translate the text matter is two months from the date of receipt of the application at the rO.
E. The time limit to translate the text matter is two months from the date of the invitation.
11. Which acts can lead to an accelerated prosecution before the EPO?
(multiple choice)
A. Early entry into the European phase.
B. Entry on the last day of the 31-month period, where a PACE request is also filed when the examination division becomes responsible.
C. Waiving the R.161(1)/R.161(2) EPC communication.
D. Waiving the R.70(2) EPC invitation.
E. Responding to the R.161(1)/R.161(2) EPC communication immediately after receipt.
12. An Argentinean, a Ukrainian and a Swedish company (named in the request in this order) file an international application at the EPO without appointing a common agent or a common representative. Who will be considered to be the common representative of the applicants by the EPO?
(single choice)
A. Argentinean company
B. Ukrainian company
C. Swedish company
13. (EPAC 2023) After receipt of a negative written opinion issued by the EPO acting as ISA, amendments under Article 19 PCT were filed during the international phase. No request for international preliminary examination was filed. Form 1200 was used, and no further amendments were filed with the EPO upon entry into the regional phase.
What communication under Rules 161/162 EPC will be received in the regional phase? (single choice)
A. Form 1226AA; if you do not reply to it in time, the application will be deemed to be withdrawn
B. Form 1226BB offering the opportunity to comment and file amendments
C. Form 1226CC offering the opportunity to file amendments before the supplementary European search report is drawn up
D. Form 1226AC stating that the examination has started
14. An international application was filed on 25 November 2025 without claiming priority. The application only contains the first page of a two-page long independent claim, otherwise all requirements were fulfilled.
Which statement(s) is/are correct? (single choice)
A. Since at least one claim is required to get a filing date, an international filing date can only be accorded if the remaining part of the claim is filed.
B. In order to avoid re-dating, any missing claims should be filed on or before 26 January 2026 (Monday).
C. 25 November 2025 can be accorded as the international filing date, but if the remaining part of the claim is filed on 2 January 2026, the international filing date will change to 2 January 2026.
D. Claims are not considered missing parts under the PCT, so the only remedy is to re-file the international application with the full claim.
15. An international application was filed on 19 November 2022 without claiming priority. The international application validly enters the regional phase before the EPO at the end of the normal time limit for EP entry.
What is the last day to validly pay the renewal fee for the 3rd year with additional fee? (single choice)
A. 2 June 2025
B. 19 June 2025
C. 20 June 2025
D. 19 Dec 2025
E. 20 Dec 2025
F. 22 Dec 2025
16. International application PCT-1 was filed on 10 December 2024, validly claiming priority from an application filed on 16 December 2023. The international search report was transmitted to the applicant together with the written opinion of the International Searching Authority on 14 April 2025.
What is the last day to validly file a demand for international preliminary examination? (single choice)
A. 14 June 2025
B. 14 July 2025
C. 14 October 2025
D. 16 October 2025
E. 12 October 2026
17. Your client's international application PCT-A is pending before the EPO as ISA. PCT-A contains independent claims 1 and 2. The EPO sends an invitation dated 24 November 2025 to pay a further search fee in respect of the invention of claim 2.
What is the last day to pay the additional search fee? (single choice)
A. 24 Dec 2025
B. 2 Jan 2026
C. 5 Jan 2026
D. 24 Jan 2026
E. 26 Jan 2026
18. An international application was filed on 2 December 2024 with the intention to enter the EP phase. When filing the application, the abstract was not filed. The rO invited the applicant to file the missing abstract, but the applicant hasn't responded to the invitation despite taking all due care.
As a consequence, the rO considered the application withdrawn and issued a corresponding declaration dated 23 April 2025. The applicant learned about the failure when receiving the declaration on 29 April 2025.
Is there any way for the application to proceed to the EP phase? (single choice)
A. No. Since there is no further processing or re-establishment in the PCT, the application cannot be saved, and the application cannot enter EP phase.
B. Yes, there is a way to save the application as an abstract is not a necessary element of an international application, so the declaration by the rO was unjustified.
C. Yes, review should be requested at the EPO the latest on 23 June 2025 (Monday), and it will likely be successful.
D. Yes, review should be requested at the EPO the latest on 30 June 2025 (Monday), and it will likely be successful.
E. Yes, a request for the delay to be excused, combined with re-establishment, should be filed at the EPO the latest on 23 June 2025 (Monday), and it will likely be successful.
F. Yes, a request for the delay to be excused, combined with re-establishment, should be filed at the EPO the latest on 30 June 2025 (Monday), and it will likely be successful.
19. An international application was filed on 1 December 2024, validly claiming priority from a national application filed on 14 December 2023. The ISR was transmitted to the applicant together with the WO-ISA on 29 April 2025 by the EPO as ISA.
Which statement(s) is/are correct? (multiple choice)
A. The priority claim can be withdrawn the latest on 14 June 2026.
B. No demand for international preliminary examination was filed yet. If the priority is withdrawn today, on 19 December 2025, it will be possible to file a demand at the EPO as IPEA on 1 October 2026.
C. If the priority is withdrawn today, on 19 December 2025, the 31-month time limit to enter the EP phase will end on 1 July 2027.
D. If the applicant filed a demand on 1 September 2025, it can successfully be withdrawn by filing a request for withdrawal on 15 June 2026.
20. Mr. Santa Claus wanted to enter the EP phase with his international application, so his elves have duly requested examination, paid the filing fee, examination fee and designation fee. However, the elves forgot to fulfil all steps. So, shortly after the 31m time limit, Mr. Claus received a loss-of-rights communication, indicating that the application was deemed to be withdrawn due to non-payment of the search fee and not filing a translation.
Mr. Claus has missed the time limit to request further processing with respect to the missed periods. Santa and his elves have never made such a mistake before and are very sad about this isolated mistake in their otherwise well-functioning system.
How much money does Mr. Claus have to pay (or deduct from the elves' salary) when requesting re-establishment? (single choice)
A. between 2000-2500 EUR
B. between 2501-3000 EUR
C. between 3001-3500 EUR
D. between 3501-4000 EUR
E. between 4001-4500 EUR
F. between 4501-5000 EUR
21. Frosty the Snowman validly entered EP phase with his international application last week, on the last day of the 31-month period. The international application was claiming priority from a national application. The EPO as ISA had found no relevant prior art, so Frosty is hoping for a quick grant. However, he had no idea he was supposed to file the copy of the priority document with the receiving Office in the international phase, and is now worried that the priority was lost.
Which statement(s) is/are correct? (multiple choice)
A. Frosty is right to worry as the priority is lost, however, further processing is available.
B. In principle, the certified copy should have been submitted at latest within 16 months from the priority date, but it would have been considered to filed in time if it had been received before the publication.
C. In the international phase, the certified copy could have been submitted to either the IB or the receiving Office (within the time limit regulated in the PCT).
D. If not yet filed, Frosty must submit the translation of the priority document (if that is not in English/German/French) to the EPO.
22. Mr. Grinch, who is resident in Whoville (not part of the EPC) has a pending international application. As Mr. Grinch prefers to work in isolation, he refrained from engaging an agent so far. After entry into the EP phase, he would like to keep working that way and communicate with the EPO directly. He is now asking your advice.
Which statement(s) is/ are true regarding representation before the EPO as designated/elected office? (multiple choice)
A. The 3rd renewal fee can be paid either by Mr. Grinch or his renewal agency based in Mount Crumpit.
B. Mr. Grinch must appoint a professional representative for submitting amendments, file a translation of the application and file a request for early processing within the 31-month time limit.
C. If Mr. Grinch had already appointed a professional representative before the EPO as ISA, he wouldn't have to take any steps in this regard, as such representative will also be automatically appointed for the European phase.
D. If Mr. Grinch fails to appoint a professional representative, he will be invited to do so within 2 months of an invitation sent by the EPO. If a representative is not appointed even then, the application will be deemed to be withdrawn.
23. Grinch was relatively "happy" with your advice (as happy as he can ever be) and instructed you to proceed with the entry into the EP phase. He has received your email informing him about the official fees, and is very upset that in addition to the high fees he also has to pay claims fees and additional pages fees. He would hate nothing more than paying a fee that could be avoided. In his response, he asks for your advice again.
Which statement(s) is/are correct? (multiple choice)
A. Grinch can avoid paying claims fees if he reduces the number of claims to 15 at the latest upon entry into the EP phase.
B. Grinch can avoid paying claims fees if he reduces the number of claims to 15 at the latest within the 6-month period of the Rule 161/162 communication.
C. Grinch can avoid paying pages fees if he informs the EPO that he has reformatted the application text so that it does not exceed 35 pages..
D. Grinch can avoid paying pages fees if he files amendments within the 6-month period of the Rule 161/162 communication so that the application does not exceed 35 pages.
E. When calculating pages fees, amended claims under Article 19 PCT are also taken into account.
F. The consequence of the non-payment of additional pages fees in the EPC is the application being deemed withdrawn, but further processing is available as a remedy.
24. Santa's elves wanted to surprise Santa by filing a demand for his pending international application. They thought Santa would not want to pay for the international preliminary examination himself, so the elves all chipped in and filed the request with the EPO as IPEA in due time. However, being super busy with the last-minute preparations at the North Pole, they forgot to check all the requirements and also made a few mistakes in the request.
Which statement(s) is/are correct? (multiple choice)
A. The EPO will only act as IPEA if the EPO also acted as ISA.
B. The demand should have been filed with the IB.
C. If there are more applicants, all of them (or their appointed agent or the common representative) have to sign the demand. However, if only one of them signs, it will be considered sufficient and the EPO as IPEA will not send an invitation to provide the missing signature.
D. If the demand is submitted to the receiving Office it will mark the date of receipt on the demand and will transmit the demand promptly to the IB or the IPEA.
E. There are two fees to be paid: handling fee and preliminary examination fee. The time limit to pay both fees is 22 months of the priority date.