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 483). 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. The procedure to follow is set out below (see point 489). In such a case the claims fee must not be paid by automatic debit order, since in that case the fees are debited – and thus paid – on the last day of the six-month period under Rule 162(2) EPC.
OJ 2011, 354
Date retrieved: 02 November 2015