The common way to accelerate proceedings before EPO is through PPH, as EPO has many PPH agreements in force with other patent offices worldwide (see here).

An easy alternative to PPH is the PACE program. Under the PACE program, a PACE request may be filed only once during each stage of the procedure, i.e. search and examination, and for one application at a time.

A PACE request filed during search will not trigger accelerated examination. If the applicant wishes to have the application examined in an accelerated manner, a PACE request may be filed, only once the application has entered the examination phase.

An application will be taken out of the PACE programme if:

–the PACE request has been withdrawn,

–the applicant has requested an extension of time limits,

–the application has been refused,

–the application has been withdrawn,

–the application is deemed to be withdrawn,

–the renewal fee was not duly paid.

This applies regardless of the legal remedies available under the European Patent Convention. In such cases, it will not be possible to restore the application to the PACE programme, i.e. a second request for that application during the same stage of the procedure will not be processed.

Accelerated prosecution under the PACE programme can be provided only where practically feasible and subject to the workload of the search and examining divisions. In certain technical fields, there may be constraints due to the numbers of incoming PACE requests.

During search, the EPO will try to issue a search report within 6 months from filing of the PACE request.    

During examination, the EPO makes every effort to issue the next office action within three months.

No official fee is due for a PACE request.

The acceleration is therefore of the same order than for PPH requests, with an easier request as there is no need to provide search results and to amend the claim set, as is required for a PPH request.

From Cabinet Chaillot

March 2022