For European patent applications filed on or after 1 July 2014 (including PCT applications entering the European phase where the EPO did not act as (S)ISA) the EPO strives to issue the extended/partial European search report within six months from the filing date or from expiry of the period under Rule 161(2). Hence, no PACE request is needed.
For European patent applications (including PCT applications entering the European phase where the EPO did not act as (S)ISA) which were filed before 1 July 2014 and which do claim priority (second filings), on receipt of a PACE request the EPO makes every effort to issue the extended/partial European search report within six months from receipt of the request.
Without prejudice to the above an accelerated search can only start:
If the EPO has invited the applicant to pay further search fee(s) under Rule 64(1), second sentence, or 164(1)(b), the final search report under Rule 64(1), last sentence, or 164(1)(c) cannot be drawn up until the applicant's response to the invitation to pay further search fee(s) has been received or until the respective time limit has expired.
Date retrieved: 24 November 2017
9 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E IV 6 Amendments and the Rule 161 EPC/Rule 162 EPC communication if no supplementary European search is carried out