Even if a PACE request has been filed, the EPO will have to respect the six-month time limit provided for in Rules 161
and 162 EPC
and will therefore not start supplementary European search or examination before expiry of that time limit (see point 5.4.011
). Applicants interested in accelerating the proceeding may therefore consider waiving their right to the Rule 161 EPC
/Rule 162 EPC
communication, which they can do by selecting the first check box in Section 12.2 of EPO Form 1200. The further details are set out below (see point 5.4.017
). To ensure the waiver is effective, they must not pay any claims fees by automatic debit order as they will then not be debited (and thus considered paid) until the last day of the six-month period under Rule 162(2) EPC
. Instead, they must already pay them on entry into the European phase or on effecting early entry into the European phase.