Summary
Available for EP-direct applications and for PCT-EP applications:
- PACE “Program for accelerated processing of European Patent Applications”
- PPH “Patent Prosecution Highway”
- Waiver to receive a communication under Rule 70 EPC
Available for PCT-EP-applications only:
- Immediate Handling/Early Entry (Art. 23(2) or Art. 40(2) PCT)
- Waiver to receive a communication under Rules 161/162 EPC
Explanations
PACE program (request for accelerated examination, without official fee):
- For EP direct applications and Euro-PCT applications (regional phase from PCT) for which the EPO was not the International Searching Authority (ISA): The PACE request may be filed at the earliest at the time of entry into the substantive examination or later at any time during that examination. If the applicant wishes to take such action, the request will be filed as soon as possible for the substantive examination.
- For Euro-PCT applications for which the EPO was the International Searching Authority (ISA): In principle, the PACE request can be filed at any time, i.e. even before substantive examination has been initiated, e.g. immediately upon entry into the regional phase or in response to a communication under Rules 161/162 EPC.
- Note: If, after submitting a PACE application, delays are caused by the applicant (e.g., request for an extension of term for responding to an Office Action), the application will drop out of the PACE program and no further PACE request can be submitted.
- PACE requests for accelerated search are no longer available since February 1, 2026.
PPH
The “Patent Prosecution Highway” will allow applicants to request (without official fee) accelerated examination of the EP application, if one or more of their claims have been accepted/granted in another application of the patent family (e.g. priority application or parallel application in another country) provided that the Patent Office handling this family member is participating in the PPH program. The most relevant countries/Patent Offices in this regard are amongst others: EP, DE, JP, US, CN and KR. The PPH-request may also be based on a positive PCT office action.
- PRO: In case that the European Patent Office (EPO) does not find any further relevant prior art during its own search, the PPH may very effectively lead to a quick grant of the patent. However, the EPO is not bound to the findings of the other Patent Office and may raise own objections, too.
- CON: The EPO examines the application based on the claims in the PPH-request, which means that limitations incorporated in the acceptable/granted claims of the other Patent Office might possibly not be removable again. Moreover, clarity objections of the EPO might require further claim amendments.
Immediate Handling / Early Entry
Applicable to PCT-EP-applications that are filed with the European Patent Office (EPO) prior to the expiry of the 31 months deadline applying to such regional phase applications. If a request for immediate handling is filed, the EPO will not await the expiry of the 31-months (cf. Art. 23(1) or 40(1) PCT) but will commence the processing without delay. Please note, that we always file this request (no official fees, and without additional costs for the applicant) unless we are explicitly instructed not to do so.
Waiver to receive a communication under Rules 161/162 EPC, provided that the European Patent Office (EPO) has not been International Search Authority (ISA) for the underlying PCT-application
Based on such communication, the applicant may file voluntary amendments (e.g. amended claims) within 6 months from the communication. These amended documents shall then form the basis for EPO’s issuance of the Extended European Search Report (EESR). If the waiver is filed, both the issuance of the communication and the delay of time up to 6 months will not occur.
- PRO: No procedural delay up to 6 months.
- CON: Loss of the possibility to amend the application documents (claims in particular) at an early stage of the proceedings in order to overcome objections raised in the previous International Search Report (ISR). The EESR will be based on the documents/claims submitted when entering the EP regional phase application.
Waiver to receive a communication under Rule 70 EPC
In applications for which the examination fee has been paid before issuance of the Extended European Search Report (EESR), the European Patent Office (EPO) invites the applicant to indicate, within a period of 6 months from such communication, whether he wishes to proceed further with the application, and gives him the opportunity to amend the application documents (claims in particular), which then form the basis for the subsequent substantive examination. If the waiver is filed, both the issuance of the communication and the delay of time up to 6 months will not occur.
- PRO: No procedural delay up to 6 months.
- CON: Loss of the possibility to amend the application documents (claims in particular) before entering substantive examination in order to overcome objections raised in the previous EESR. Devoid of a communication under Rule 70 EPC, the EPO will directly issue an office action under Art. 94(3) EPC. As a consequence, the examination fee will not be refundable in case that the application is passively abandoned or actively withdrawn.
Legal information
this brief information cannot replace examination/consultation of a patent attorney in the specific case. We do not accept any liability on the basis of this merely general information. Please contact us with any general questions or in specific cases.
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