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15. July 2014

EUROPEAN PATENT OFFICE

“Early Certainty from Search”, the EPO’s new scheme for prioritising the work of Examiners

According to a press release from the EPO dated July 3, 2014, “the EPO aims to issue all search reports and written opinions on patentability within six months of filing”. A publically available administrative council document entitled, “Early Certainty from Search” (CA/T 4/14, April 17, 2014), states that this goal also applies to “Euro-PCT applications for which EPO has not been the ISA”.

The new scheme represents a significant improvement over the status quo, since search reports for such Euro-PCT applications (i.e. supplementary search reports) are frequently issued 2-3 years after filing of the corresponding applications. 

The “Early Certainty from Search” program also includes initiatives to prioritize examination of files that have already been started over new files and expediting grant of applications where a positive search opinion has been issued.

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