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Guide for applicants, Part 1: How to get a European patent

 
 
Other ways of accelerating the European grant procedure
10. Before the applicant receives the search report, he can waive the invitation under Rule 70(2) EPC and request examination unconditionally, irrespective of the results of the search. In this case, under Rule 62 EPC the European search report is issued together with a first examining communication under Article 94(3) and Rule 71(1) EPC instead of the opinion on patentability under Rule 62 EPC. A prompt and full response from the applicant then ensures that the proceedings can continue quickly.
11. The applicant can accelerate the processing of an international application by explicitly waiving his right to the communication under Rules 161(1) and 162 EPC. Provided that, on entry into the European phase, he has already taken all necessary steps such as filing amendments or corrections in response to the WO-ISA, the IPER or the explanations contained in the SISR and paying the claims fees, the Office will not issue a communication under Rules 161 and 162 EPC, and can thus start the supplementary European search or examination without having to wait until the time limit under Rule 161 EPC expires.