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【 Practical Knowledge Sharing 】 Patent Examination Process and Accelerated Examination Procedure in the United States and Europe
Time: 2025-10-27 Click count: 572

1、 United States Patent and Trademark Office

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(2) Track One Prioritized Examination

1. Starting conditions

Pay additional priority review fees

Submit Form PTO/AIA/424 through the Electronic Application System (EFS) or the Online Electronic Application System (EFS Web)

The independent claims of the application shall not exceed4 of themThe total number of claims shall not exceed30 of them

Cannot contain multiple dependent claims. The applicant must agree not to extend the deadline

Not exceeding per year15000 pieces

Suitable for formal invention applications, PCT entering the national phase application, CA,CIP, Division application, RCE, Not suitable for re issuance

2. Acceleration degree

From the date of priority review for self approval12 monthsIssue the final review decision

3. Program features

High costRequire simplicityfast speed

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(3) Petitions based on Applicant'health or age

1. Starting conditions

At least one inventorAge over 65 years oldOr their health cannot meet the corresponding behaviors in the normal application process

The applicant submits an application and provides proof of their health status, such as proof of identity, age, or physician diagnosis

No payment required

2. Acceleration degree

Accelerate the entire process

(4) Delayed review

1. Starting conditions

The applicant voluntarily requests a delay in the examination before USPTO issues a notice

Pay relevant fees

Delay the examination of a patent application for a maximum of 3 years from the priority date. If the delay period is not filled in or a time period exceeding the maximum period is filled in, it is assumed that the maximum period has been requested

The applicant did not submit a request for non-public application

2. Project characteristics

Effective from November 29, 2000

Applicable to formal applications and PCT national phase applications

Remove the application from the review queue and move it to the end of the review queue after the extension period expires

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 (5) Summary

1. Characteristics

Multi channel solution to cycle and backlog issues

Accelerating procedures is closely related to costs

Accelerate the program to review different stages and application groups

No obvious country restrictions

2. Suggestion

PCT application, positive international phase opinion, priority given to PPH

Applicants with smaller scale (small and micro entities) may consider using Track One

2、 European Patent Office

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(2) Early Certainty from Search

1. Policy Overview

Officially launched in July 2014

No additional procedures required

Priority completion of patent applications starting examination

Expanded to review and objection in July 2016

2. Policy objectives

Search: Within 6 months from the date of the search request, issue a search report and written opinions

Review: The review cycle has been shortened to 12 months

Objection: The objection period has been shortened to 15 months

3. EPO cycle

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(3) PACE (Program to Accelerated Prosecution of European Applications)

1. Starting conditions

(Starting from 1996, the newly revised procedure came into effect on January 1, 2016)

No additional fees required

Submit the official designated form 1005 online by filling it out

PACE requests should be initiated separately during the retrieval and review stages, and can only be initiated once at each stage

2. Accelerated retrieval

The goal is to issue a search report and written opinions within 6 months from the date of request

For European invention patent applications filed before July 1, 2014, the applicant does not need to file a separate PACE request during the search phase (early certainty policy)

3. Accelerated review

It can be filed at any time after the examination department begins to handle the patent application;

For PCT cases entering the national phase, if EPO is the unit responsible for making international search reports/supplementary international search reports, it can generally be filed at any time

When a request for expedited examination is initiated, the EPO will issue the next official notice within 3 months from the date of receipt of the application by the examination department (or the date of receipt of the applicant's response to the European search report, or the date of receipt of the applicant's request for expedited examination, whichever is later)

4. Loss of effectiveness

PACE request withdrawn

The applicant requests an extension of the deadline

Application withdrawn or deemed withdrawn

Application rejected

Failure to pay relevant fees on time

(4) Waiver Program

1. Program features

Abandoning the right to reply and modify during the review process to accelerate the review process

2. Waiver of Rights

The right under EPC Rule 70 (2): Within 6 months after EPO issues a search report, the applicant has the right to respond and make modifications, and then request to enter the examination

The rights of EPC Regulations 161 and 162: For applications entering the European national phase through the PCT pathway, the applicant has the right to respond to the international search report or international preliminary examination report within 6 months

(5) PCT application enters European stage ahead of schedule

1. Applicable objects

Using EPO as a designated office/selected office for PCT applications

2. Starting conditions

On the expiration of 31 months from the date of filing/priority, the PCT application with EPO as the designated office/selected office shall enter the European phase

Prior to the expiration of the 31 month period, applicants may request early processing of their PCT applications from the European Patent Office, and must clearly express their desire for early processing of their PCT applications at the European Patent Office

The requesting party is valid when it meets the requirements specified in Article 159 (1) of the EPC Implementation Rules, such as paying application fees, submitting translations, determining application documents, paying search fees, etc

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