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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part E Guidelines on General Procedural Matters
Chapter VII – Time limits, loss of rights, further and accelerated processing and re-establishment of rights
3. Accelerated prosecution of European patent applications
3.2 Accelerated examination
3.2
Accelerated examination 

Accelerated examination may, in principle, be requested in writing at any time. However, to be as effective as possible, it should preferably be requested:

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when filing the European patent application, provided that examination is bindingly requested at the same time (see C-VI, 3), or
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after receipt of the extended search report and together with the applicant's response to the search opinion under Rule 62.

For Euro-PCT applications too, accelerated examination may, in principle, be requested at any time. However, to be as effective as possible, it should preferably be requested:

– 
on entry into the European phase before the EPO, or 
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together with any response to the WO-ISA, IPER or SISR required under Rule 161(1).

If requested on entry into the European phase, accelerated prosecution covers formalities examination, the supplementary European search report and/or substantive examination, as applicable.

When accelerated examination is requested, the Office makes every effort to issue the first examination communication within three months of receipt by the Examining Division of the application, the applicant's response under Rule 70a or 161(1) or the request for accelerated examination (whichever is later).