What is the effect of filing a request for early processing and how do I do it?
The EPO as designated/elected Office will normally not process an international application before expiry of the 31-month time limit from the date of filing or, if priority has been claimed, from the priority date (Articles 22(3) or 39(1)(b) PCT, Rule 159(1) EPC). However, you can ask it to start the processing of your application earlier by filing an explicit request for early processing (Article 23(2) or 40(2) PCT). A request for early processing can be filed at any time before expiry of the 31-time limit under Rule 159(1) EPC. You can file it directly in EPO Form 1200 ("Entry into the European phase") by simply selecting the checkbox provided in the EPO's online filing tools (Online Filing or new online filing (CMS)) or in the paper form (section 12.1).
The request for early processing is effective only if you comply with the requirements of Rule 159(1) EPC as if the 31-month time limit expired on the date you filed it. For further details on requesting early processing, see the Guidelines for Examination in the EPO, Part E‑IX, 2.8.
The application is considered pending before the EPO as designated or elected Office as from the date the request for early processing is effectively filed. However, the EPO will only start processing it once the international search report (ISR) is available. Only then can it issue the communication under Rule 161(1) EPC because a mandatory reply to the written opinion of the ISA ("WO-ISA") is required under this rule if the ISA raised any objections. The results of the ISR and the WO-ISA will enable you to file any required amendments together with your request for early processing or to validly waive your right to receive the communication under Rules 161 and 162 EPC directly on entry into the European phase. It is therefore recommended that you do not file a request for early processing until you have received the ISR and the WO-ISA.
If you selected the EPO as ISA, the ISR will be established about four to six months after the date of filing. If you file a request for early processing straight after receiving the ISR, you can shorten the international phase by up to 15 months. The EPO has direct access to the search results in its own files. This saves the administrative work involved in obtaining the documents via the International Bureau.