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Starting from July 1st 2016 a Pilot program for accelerated substantive examination is available at the EAPO for PCT international applications entering regional phase at the EAPO. The program aims at shortening the examination as well as improving its quality.

In the course of the program, which will run for a year, Applicants will be able to present results of examination conducted by any of the following offices: EPO, JPO, USPTO, KIPO and RUPTO.

The requirements for eligibility of PCT patent applications for this program include:

  • recognition of patentability of at least one invention as claimed under the international application, issued by any of these offices;
  • claims of EA-PCT application are closely matching the claims of the international application;
  • claims shall include not more than 20 claims in total and not more than 2 independent claims (except for chemistry and medicine),
  • the Applicant has received a positive result of formal examination by EAPO,
  • the Applicant has requested substantive examination and paid the examination fees but no any office action has been issued yet by the EAPO.

To participate in the program the applicant shall submit a formal request with attached table of correspondence of claims, and a positive result of examination issued by any other participating offices along with copies of non-patent documents. This request will be considered by the EAPO either along with substantial examination request, or within 5 business days after consideration of the latter; the first notification on examination results will be sent by EAPO within 3 months upon acceptance of the request for consideration.

Patentica's attorneys and experts hope that this program will be beneficial for the applicants eligible for the program. We strongly encourage our clients and other applicants to consider filing a request for participation in the program and shall gladly assist them at every stage.