在歐洲審查指南（Guidelines for Examination）的Part E（Guidelines on General Procedural Matters）的Chapter VIII中第4節訂定「歐洲專利申請案加速審查」：
歐洲專利申請人可以通過加速審查方案（PACE）請求較快的檢索或是審查，主要幾個重點：
- 請求PACE request。
- 線上申請。
- 若受理，EPO會發出通知。
- 一件專利申請程序在每個階段（檢索與實際審查）能提出一次PACE。
- 也就是，檢索與審查可以分別提出一次PACE。（EPO檢索與審查分別是不同的單位執行，在檢索階段提出加速請求，不會因此加速審查；若申請人要加速審查，只能在進入審查階段時提出PACE。這是強烈的EPO特點）
- 加速審查的請求不會被公開。
- PACE方案不適用：(1)PACE請求被撤回；(2)申請人請求延期；(3)申請案被拒絕；(4)申請案被撤銷；(5)申請案被視為撤銷（例如未及時繳交維持費）。
- PACE方案是因為審查單位積案過多，若有申請人為其自身申請案提出過多PACE，EPO可能會限制數量。
- 加速檢索：2014年7月1日之後歐洲專利申請案中，如果是PCT進入EPO，若EPO不是PCT檢索單位，審查報告已經限定時間，不必請求PACE。
- 申請文件齊備後才能請求PACE。
- 加速審查：只要申請案進入審查階段，任何時刻皆可提出PACE請求。
- 若為PCT進入EPO案，當EPO同時為PCT階段的審查單位，可於審查階段的任何時間提出PACE請求。
- 受理PACE請求，EPO將盡一切努力於3個月內發出下一次OA（可能已經有第一次）。
EPO Form 1005：
4.
Accelerated prosecution of European patent applications
Applicants requiring faster search or examination can ask to have their applications processed under the programme for accelerated prosecution of European patent applications (PACE) (see the Notice from the EPO dated 30 November 2015, OJ EPO 2015, A93; for PACE requests filed before 1 January 2016 see also OJ EPO 2010, 352). For information regarding additional ways to expedite the European grant procedure see OJ EPO 2015, A94).
Requests for participation in the PACE programme (PACE requests) must be filed online using the dedicated request form (EPO Form 1005), which must be filed online. The EPO will issue an acknowledgement of receipt promptly. Requests filed informally, i.e. without using the dedicated form, and/or on paper will not be processed by the EPO.
A PACE request may be filed only once during each stage of the procedure, i.e. search and examination, and for one application at a time. A PACE request filed during search will not trigger accelerated examination. If the applicant wishes to have the application examined in an accelerated manner, a PACE request may be filed, once the application has entered the examination phase.
The EPO does not publish requests for accelerated search and/or examination and, by decision of the President dated 12 July 2007 (Special edition No. 3, OJ EPO 2007, J.3), they are excluded from file inspection.
An application will be taken out of the PACE programme if:
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the PACE request has been withdrawn,
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the applicant has requested an extension of time limits,
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the application has been refused,
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the application has been withdrawn,
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the application is deemed to be withdrawn.
This applies regardless of the legal remedies available under the EPC. In such cases it will not be possible to restore the application to the PACE programme, i.e. a second request for that application during the same stage of the procedure will not be processed.
Additionally, accelerated prosecution will be suspended in the event of failure to pay renewal fees by the due date stipulated in Rule 51(1).
Accelerated prosecution under the PACE programme can be provided only where practically feasible and subject to the workload of the search and examining divisions. In certain technical fields there may be constraints due to the numbers of incoming PACE requests. Applicants requesting accelerated prosecution for all or most of their applications will, as a rule, be required by the EPO to limit the number of their PACE requests by making a selection.
4.1
Accelerated search
For European patent applications filed on or after 1 July 2014 (including PCT applications entering the European phase where the EPO did not act as (S)ISA) the EPO strives to issue the extended/partial European search report within six months from the filing date or from expiry of the period under Rule 161(2). Hence, no PACE request is needed.
For European patent applications (including PCT applications entering the European phase where the EPO did not act as (S)ISA) which were filed before 1 July 2014 and which do claim priority (second filings), on receipt of a PACE request the EPO makes every effort to issue the extended/partial European search report within six months from receipt of the request.
Without prejudice to the above an accelerated search can only start:
after receipt of the applicant's response to a communication under Rule 62a or 63, or expiry of the respective time limit;
in all cases: when the application documents on filing are complete enough for the extended search report to be drawn up. That means, in particular, that the accelerated search can only start once the claims, the description, the translations required and, where applicable, the drawings and a sequence listing conforming to the rules for the standardised representation of nucleotide or amino acid sequences have been filed;
for PCT applications entering the European phase where the EPO did not act as (S)ISA: after expiry of the six-month period under Rule 161(2), even if acceleration has been requested under the PACE programme. In order for the supplementary European search to start immediately, on entry into the European phase the applicant must explicitly waive the right to communications pursuant to Rules 161(2) and 162(2) and pay any claims fees due (see the Notice from the EPO dated 30 November 2015, OJ EPO 2015, A93).
If the EPO has invited the applicant to pay further search fee(s) under Rule 64(1), second sentence, or 164(1)(b), the final search report under Rule 64(1), last sentence, or 164(1)(c) cannot be drawn up until the applicant's response to the invitation to pay further search fee(s) has been received or until the respective time limit has expired.
4.2
Accelerated examination
Accelerated examination can, in principle, be requested at any time after the examining division has assumed responsibility for the application (Rule 10(2), (3)).
For PCT applications entering the European phase where the EPO also acted as (S)ISA, accelerated examination can, in principle, be requested at any time, for example
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on entry into the European phase before the EPO, or
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together with any response to the WO-ISA, IPER or SISR required under Rule 161(1).
When accelerated examination is requested, the EPO makes every effort to issue the next office action within three months of receipt by the examining division of the application, the applicant's response under Rule 70a or 161(1) or the request for accelerated examination (whichever is later).
The EPO strives to produce subsequent examination communications within three months of receipt of the applicant's reply, provided that the application is still being processed under the PACE programme (see E-VIII, 4).
資料參考：
http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_viii_4.htm
http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_viii_4_1.htm
http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_viii_4_2.htm
Ron
