How can I request early processing of a Euro-PCT application and when will my request take effect?
Euro-PCT applications for which a request to enter the European phase has been filed are, as a rule, not processed before expiry of the 31-month time limit under Rule 159(1) EPC.
However, you can ask the EPO as designated or elected Office to start processing your application earlier. To do this you should file an express request for early processing under Article 23(2) PCT or, where applicable, Article 40(2) PCT. You can file such a request at any time before expiry of the 31-month time limit, even if the international application has not yet been published. The easiest way is to tick the checkbox in section 12.1 “Early processing” in EPO Form 1200. For the request to take effect, you must fulfil the requirements for entry into the European phase as if the 31-month time limit mentioned above expired on the date of your request. For more information about the (minimum) requirements and for some examples, see points II.6, 7 and V. of the Notice from the EPO dated 21 February 2013 (OJ EPO 2013, 156) (see link below).
Provided that all the necessary requirements are met, your request for early processing will take effect on the day the EPO receives it. From then on the application will be processed in the same way as any “regular” Euro-PCT application (i.e. one without a request for early processing) that has entered the European phase. It will then also be possible to file a divisional application deriving from your Euro-PCT application (see J 18/09).
More detailed information, including the legal consequences of filing an effective request for early processing, can be found in the Notice from the EPO dated 21 February 2013 concerning the request for early processing (OJ EPO 2013, 156).