In addition, the applicant can also choose one or more of the following ways according to the situation to speed up the processing of European patent applications.
First, enter the European stage in advance (request? For what? Morning? Processing)
For the European application of PCT (Patent Cooperation Agreement), you can request to enter the European phase in advance.
Usually, applicants can enter the European phase at any time before the expiration of the 3 1 month period. If you want to enter in advance, you need to submit a clear request for early entry, and you need to pay the application fee, translation fee, manual fee, retrieval fee, etc. If the requirements for early entry are met, the European Bureau will handle the application like a normal PCT application entering the European phase; On the contrary, if it does not meet the requirements, the European Bureau will not process the application before the expiration of the 3 1 month period.
Second, speed.
PACE program can be said to be a relatively simple and painless acceleration program. This is the preferred procedure for accelerating European patent authorization. For example, if there may be potential infringement or granting a patent is conducive to investment or licensing, consider making a PACE request.
It should be noted that the PACE request does not mean that the European Bureau will issue a review opinion within a certain period of time. Because the PACE program is simple and cheap (there is no official fee), if everyone mentions PACE, it may not speed up the application process.
Iii. Notice of waiver of rule161162.
Even if the PACE request is submitted, the European Bureau will still abide by the six-month period stipulated in Rule 16 1 and Rule 162 in EPC, and the supplementary European retrieval or verification procedure cannot be started before this period expires. In view of this, if the applicant wants to speed up the process, he can consider giving up the right of notification under rule161162.
Fourth, PPH
Patent examination expressway is a popular accelerated project in recent years. Although China and Europe did not directly sign the PPH agreement. However, both China and the European Patent Office are members of IP5. Since 20 14 10/6, the authorization of European applications can be accelerated based on the positive examination results of China's previous applications or the positive PCT work results made by China Patent Office. The PPH request based on IP5 is similar to the current PPH request procedures in various countries.
Summary: No matter which way the applicant chooses to speed up the process of a European patent application, it is necessary to comprehensively consider its advantages and disadvantages, and then choose the most suitable scheme.