INFORMATION FROM THE EPO
Notices of the President of the EPO
Notice from the President of the European Patent Office dated 24 December 1994 concerning the programme for accelerated prosecution of European patent applications - "PACE"
(formerly "Seven Measures")
To assist applicants requiring rapid search or examination the Office has improved and simplified its programme for accelerated prosecution of European patent applications, which is now called PACE1 and replaces the EPO's "Seven Measures Programme"2 dating back to December 1988. The programme also applies to international applications entering the regional phase before the EPO ("Euro-PCT applications") unless otherwise indicated.
Where the applicant complies with the options available under PACE, he may considerably shorten the time needed for the processing of a specific application in comparison with the average processing time from filing up to grant of a European patent.
Search
1. In respect of European patent applications claiming no priority (first filings), the Office ensures that search reports will be available to applicants, as a rule, no later than six months from the filing date. Accelerated search is automatic in these cases, no request needs to be filed.
2. In respect of European patent applications claiming priority, accelerated search can be requested in writing on filing the application. In such a case the Office will make every effort to issue the search report as soon as possible.
Examination
3. Accelerated examination can be requested in writing at any time, eg on filing the European patent application, in response to the search report or later.
For Euro-PCT applications it can be requested on or after entry into the regional phase before the EPO3. If requested on entry into the regional phase, accelerated prosecution of Euro-PCT applications comprises the formalities examination, the establishment of the supplementary European search report, where such a report is necessary4, and substantive examination. Where a supplementary search report is not necessary, the accelerated prosecution comprises formalities as well as substantive examination.
4. When a request for accelerated examination has been filed, the Office will make every effort to issue the first examination report within 3 months of receipt of the application by the examining division or receipt of the request for accelerated examination (whichever is the later).
Further examination reports will be issued within 3 months of receipt of the applicant's reply, provided that the applicant responds within the time limit set in the previous examination report and deals with all the points raised by the examining division.
In addition to the request for accelerated examination the applicant can further speed up prosecution:
5. In the case of an early request for examination (Article 96(1) EPC), an unconditional waiver by the applicant of his right to receive an invitation from the EPO to confirm that he desires to proceed further with the application helps to accelerate the procedure5. This waiver, which allows the application to be forwarded more rapidly to the examining division, may be made on filing the European patent application or later in a separate communication to the EPO.
6. The applicant may file a substantive response to the search report or, in case of a Euro-PCT application, on entering the regional phase before the EPO as elected office, to the international preliminary examination report, ie reasoned observations or appropriate amendments to the application, without awaiting the first examination report.
7. If the application is in order for grant and the applicant has received the communication under Rule 51(4) EPC, the procedure up to actual grant can be shortened if the applicant approves the text without delay and does not request further amendments.
1. Detailed information on PACE will be published in a later issue of the Official Journal of the EPO.
2. Last published in OJ EPO 1994, 244.
3. In Euro-PCT applications the applicant can speed up entry into the regional phase by an express request for early processing of the application under Article 23(2) or 40(2) PCT. However, this does not automatically lead to accelerated examination in the regional phase - to achieve this a separate request under the PACE programme must be filed.
4. This is the case where the international search report has been drawn up by the EPO, the Swedish Patent Office or the Austrian Patent Office.
5. This applies mutatis mutandis in the case of Euro-PCT applications entering the regional phase where a supplementary European search report has to be drawn up (see also Supplement No. 1 to OJ EPO 12/1992, p. 9, C. 2, last paragraph, and p. 24, B.III.2, last paragraph).