There are a number of different ways of expediting the European grant procedure. What are the differences between them?
PACE request for accelerated prosecution
PACE requests are available to applicants wishing to accelerate the search and/or examination procedures. You can make a PACE request once in each of these two procedures. PACE requests must be filed online using EPO Form 1005. They are subject to a number of requirements. In particular, the applicant must ensure that the procedure is not delayed, e.g. by requesting an extension of a time limit, failing to pay a renewal fee within the basic time limit (Rule 51(1) EPC) or causing a loss of rights, even if it can be remedied. In such cases, the EPO will remove the file from the PACE programme and a second PACE request will not be processed.
- Notice from the European Patent Office dated 30 November 2015 concerning the programme for accelerated prosecution of European patent applications ("PACE") (OJ EPO 2015, A93)
- Euro-PCT Guide, p. 5.1.037 ff.
Request for early processing (Article 23(2) or 40(2) PCT) (Euro-PCT applications)
If you are interested in shortening the international phase of your PCT application, you can file a request for early processing under Articles 23(2) or 40(2) PCT. An effective request for early processing enables the EPO to start acting as designated or elected Office before expiry of the 31-month time limit (Rule 159(1) EPC). For further details, see “How can I request early processing of a Euro-PCT application and when will my request take effect?” below.
Waiver of the right to the communication under Rules 161 and 162 EPC (Euro-PCT applications)
You can waive your right to receive the communication under Rules 161 and 162 EPC. This will shorten the period until search or substantive examination starts by at least six months. The waiver is only valid if the requirements under Rule 161(1) EPC (mandatory reply to the written opinion of the International Searching Authority, if applicable) and Rule 162 EPC (payment of any claims fees) have been complied with on entry into the European phase. Otherwise, the communication under Rules 161 and 162 EPC will be issued and the application will be processed only after expiry of the six-month period under Rules 161(1) and 162(2) EPC, even if a PACE request has been filed.
Waiver of the right to the communication under Rule 70(2) EPC (EP-direct and Euro-PCT applications)
You can also waive your right to receive the communication under Rule 70(2) EPC (confirmation to proceed further to examination), provided that the request for examination was validly made, by payment of the examination fee, before issuance of the European (supplementary) search report. Instead of waiting for a period of approximately six months from receipt of the European (supplementary) search report, the file proceeds directly to examination. Please note, however, that waiving your right to the communication under Rule 70(2) EPC means that you unconditionally agree to maintain the European patent application, irrespective of the results of the European (supplementary) search.
Requests for early processing and waivers can be made in EPO Form 1200, by ticking sections 12.1 or 12.2.
The waiver to receive the communication under Rule 70(2) EPC can be made in EPO Form 1001, by ticking section 5.1. Requests for early processing and waivers of the Rule 161/162 communication are not relevant to EP-direct applications.