How to get European patent authorization as soon as possible

In fact, whether the applicant can finally take the PACE route depends on the workload of the actual retrieval and examination department. For some technologies, EPO will limit the number of PACE requests. Below, the author will briefly explain the precautions of PACE method for the retrieval stage and the review stage respectively:

1. Use PACE to speed up the retrieval phase.

For the patent application submitted for the first time (no priority is required), EPO will speed up the retrieval without any separate request. In other words, the applicant can obtain the extended search report within 6 months from the date of application. For applications that are not submitted for the first time (requiring priority), EPO will also issue an extended search report as soon as possible if the applicant requests acceleration.

It should be noted that no matter whether the applicant requests priority or not, only when the application documents are complete enough for EPO to write an extended search report can the accelerated search be carried out according to PACE regulations.

In the following cases, it is impossible to use PACE acceleration, if it is possible to refer to previous applications, or submit some specifications or drawings later, or submit claims later. There is another situation.

The applicant should note that if a notice must be given according to Article 62a, Article 63 or Article 64 of the EPC Rules, it is only after the applicant's reply to the notice is received or the time limit expires that it is possible to write a search report and opinions.

You can accelerate according to the pace.

2. Use speed to speed up in the review stage.

In principle, the applicant can request in writing at any time to speed up the examination of the patent application by the "direct European route". However, in order to improve efficiency, it is best for the applicant to make a request in the following circumstances: when submitting a European patent application, it is also required to speed up the examination; Or, when receiving the extended search report and the applicant's reply to the search opinion, the request for speeding up the review shall be put forward together.

For the European patent application (Euro-PCT) submitted through the Patent Cooperation Treaty, in principle, the applicant can also request in writing to speed up the examination at any time. However, in order to do as much as possible

Effective, it is best to make a request when the patent application enters the European stage, or request a reply to WO-ISA, IPER or SISP according to Article 16 1( 1) of the EPC Rules.

Get back together. If the request to speed up the review is made in the first case, it means that the formal review, supplementary European search report and/or substantive review are all requested to be accelerated.