European patents typically take a long time to file. In most cases, it takes 2-3 years or more from filing an application to pre-authorization. In addition to being patient, there are a few things applicants can do to speed up the application process, which we will explain in this article.

There is no deadline for the first official notification after the search report is issued. This is because the original intention of the examiner is to hope that the applicant can decide whether to continue the application after learning the search results of the application, or notify the examiner to withdraw the application. If, after a period of time, the examiner does not receive a notice of withdrawal of the case, it is deemed that the applicant needs to continue the application. Usually, a notice with a deadline is sent out about 1 month after the search report is issued and invites applicants to answer the questions raised in the search report.

The applicant can make full use of this one-month time to start preparing the response to the search report in advance. There is no need to wait until the deadline is clear before starting

The European Patent Office also has its own accelerated procedure, or PACE. The applicant may make one (and not a second) request for PACE acceleration at the search stage and the substantive examination stage respectively. Exit and submit the PACE search, and the search report will be issued within 4-6 months. However, due to the increasing efficiency of the EPO, the average search period for applications is currently about 4 months, and there is no need to submit a PACE search.

The PACE for the review phase is worth asking for, as the first review is expected within 6 months (not 100% guaranteed), compared to not having to wait too long, with only one PACE request per phase. For the second real audit opinion, the applicant can not put forward the PACE again. If an extension request, further processing, or application is considered withdrawn, the EPO will also cancel the PACE and the applicant cannot resubmit the PACE request.

There is no official fee for the PACE process, and only an application to the Patent Office is required.

Applicants can choose to notify the EPO to waive receiving certain official notices, such as submitting a substantive examination at the same time as the application, so that they will not receive a follow-up notice inviting a substantive examination, thus speeding up the process.

For PCT applications, the EPO will grant a period of 6 months after the application is filed to proactively correct the application documents. If the applicant has prepared the application materials at the beginning, the applicant can opt out of receiving the voluntary correction notice at the time of application, which can save 6 months of time.

In the case of PCT applications, the EPO will wait until after the 31st month to begin examining the application. Some applicants choose to submit their applications shortly before the 31-month deadline. If the priority case has just been filed and there is still some time left before 31 months, consider requesting Early processing. In accordance with PCT Rules 23(2) and 40(2), if early processing is requested, the corresponding review will commence immediately after the application is submitted to the EPO.

Early processing is conditional on the applicant making a request for substantive examination at the same time as the application stage and paying the examination fee and the designated country fee.

Of all the means of acceleration, the most important is for the applicant to be proactive. If it only takes one month to reply, try not to delay it if there are no other factors; Accordingly, the agent should also forward the official notice in a timely manner, report the progress to the applicant as soon as possible after receiving the official letter, and write the reply quickly and efficiently. If the above approach is adopted, the patent filing cycle should be shortened.