Available for EP-direct applications and for PCT-EP applications:
Available for PCT-EP-applications only:
PACE program (offering 2 separate requests without official fee):
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.
Note: Participation in the PPH program excludes the filing of PACE requests!.
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.
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.
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.