5.4 Application documents on which the procedure before the EPO as designated/elected Office is based (Form 1200, Section 6)
5.4.4.May the Rule 161/162 communication be waived?
5.4.017In order to accelerate the European grant proceedings, applicants can, if so desired in addition to a PACE request (see point 5.1.036), waive their right to the Rule 161 EPC/Rule 162 EPC communication by selecting the first check box in Section 12.2 of Form 1200.
5.4.018This waiver will be effective and no Rule 161 EPC/Rule 162 EPC communication issued only if the applicant has taken all steps required to make its issue superfluous. In other words, the applicant must ensure that all requirements for the application to proceed to the next phase of the European grant procedure without the communication being issued are fulfilled. This means that within the 31-month time limit the applicant must have:
–paid any claims fees due for the set of claims indicated as the basis for the procedure in the European phase and
–filed a substantive response to, as the case may be, the WO‑ISA, the IPER or the SISR established by the EPO, if in the absence of such a response the EPO would issue an invitation to do so under Rule 161(1) EPC ("mandatory response").
5.4.019If any requirement for the waiver to be effective is not fulfilled, a Rule 161 EPC/Rule 162 EPC communication will be issued and processing of the application will not start until the six-month time limit set in it has expired. This applies even if a request under the PACE programme is or has been filed (see point 5.1.036).