If a PACE request has been filed, the EPO will also have to respect the six-month time limit provided for in Rules 161
and 162 EPC
and will therefore not be able to start supplementary European search or examination before expiry of that time limit (see point 5.4.011
). For this reason an applicant interested in acceleration of the procedure may consider waiving his right to the Rule 161 EPC
/Rule 162 EPC
communication. This can be done by ticking the first check box in Section 12.2 of EPO Form 1200. The further details are set out below (see point 5.4.017
). For the waiver to be effective, any claims fees should not be paid by automatic debit order as they will then be debited (and thus considered paid) on the last day of the six-month period under Rule 162(2) EPC
. Instead, they should be paid within the 31-month time limit for entry into the European phase or on effecting early entry into the European phase.