Educational content: How to speed up the European patenting procedure?

1. Act quickly

   This might be evident, but acting promptly can save you months, if not years. The EPO often allows applicants to take action within 4 or 6 months. If you act immediately, you can win a lot of time.
   This is also relevant for Euro-PCT applications, you can enter the national phase earlier than the 31-month period. (In this case, don't forget to file an explicit request for early processing of an international application.)

2. Request PACE

   - The EPO has a dedicated programme for accelerated prosecution of European patent applications, called "PACE" (Programme for the ACcelerated prosecution of European patent applications).

   - Requesting "PACE" provides applicants with the possibility of receiving examination reports within three months. Requesting PACE is free and no reasons need to be given.

   - A PACE request may be filed only once during each stage of the procedure, i.e. one for search and one for examination. A PACE request filed during search will not trigger accelerated examination.

   - However, please note that the EPO will remove you from the PACE programme, if, for example, you request an extension of time limit, use further processing, or your application is deemed to be withdrawn. (After you lose your PACE status, you cannot request PACE again.)

3. Request early publication

   If the publication takes place earlier, you can also request examination earlier.

4. Waive your right to some communications

   As an example, you can waive your right to the R.70(2) EPC communication, and the R.161/162 EPC communication in the Euro-PCT procedure.
   (Waiving the second R.71(3) EPC communication is no longer possible since last year.)

5. Patent Prosecution Highway (PPH)

   PPH enables an applicant whose claims have been determined as patentable/allowable by a partner office to have a corresponding application filed at the EPO processed in an accelerated manner.