Understanding the PACE request cost: Patents vs. Court Records
The phrase "PACE request" can refer to two very different systems with vastly different cost implications. The context is everything, and a failure to distinguish between these two can lead to significant confusion. One refers to patent prosecution, while the other is for legal record access.
The European Patent Office (EPO) PACE program
The Programme for Accelerated Prosecution of European patent applications (PACE) is a system designed to speed up the processing of patent applications. For an applicant who wants to expedite the search or examination stage of their patent application, the EPO offers this program free of charge.
- How it works: By filing a PACE request, the applicant signals their intention for accelerated processing. The EPO then makes every effort to issue its next official communication within three months.
- What it costs: There is no official fee for submitting a PACE request. This means the cost to the applicant is simply the administrative effort of filing the request online using EPO Form 1005.
- Important conditions: The free nature of the PACE request comes with certain conditions. For example, if the applicant requests an extension of a deadline, their application will be removed from the PACE program. A new PACE request cannot be filed for the same stage (search or examination) once the application is removed.
The Public Access to Court Electronic Records (PACER) system
In the US, the Public Access to Court Electronic Records (PACER) system is a federal service providing electronic public access to US federal appellate, district, and bankruptcy court records. The cost for accessing these records is very different from the EPO's PACE system.
- How it works: Users can search for and access court documents, such as dockets, motions, and orders, via the online system.
- What it costs: The standard fee is $0.10 per page. However, the cost is capped at $3.00 for a single document, which is the equivalent of 30 pages. This cap does not apply to non-case-specific reports or transcripts. Users who accrue $30 or less in charges in a quarter have their fees waived for that period.
- How charges are calculated: Charges are based on the number of pages generated by each search and document access. For example, a search that yields two pages of matches would cost $0.20.
Comparison: PACE vs. PACER costs
To avoid confusion, here is a clear comparison of the two systems often referred to by similar acronyms.
| Feature | European Patent Office (EPO) PACE | Public Access to Court Electronic Records (PACER) |
|---|---|---|
| Purpose | To accelerate the prosecution (search or examination) of a European patent application. | To provide electronic public access to U.S. federal court records. |
| Cost of request/access | No official fee is charged for submitting a PACE request. | $0.10 per page for searches and accessing documents. |
| Fee Cap | N/A (since there is no fee). | $3.00 maximum per document (equivalent to 30 pages). No cap for search results or non-case-specific reports. |
| Free access | The program itself is free to enter, but official fees for the patent application still apply. | Fees are waived for users who accrue $30 or less in a quarterly billing cycle. |
| Filing method | Online via EPO Form 1005. | Access via the online PACER system and website. |
| Associated documents | The patent application and subsequent reports from the EPO. | Dockets, motions, orders, and transcripts from federal court cases. |
How to mitigate PACER costs
While the EPO's PACE request is free, managing PACER costs for legal professionals and researchers is a common practice. Here are some strategies:
- Utilize the quarterly fee waiver: By keeping your quarterly usage below $30, you can access records for free. This is achieved by many users, with 75% not paying a fee in a given quarter.
- Be specific with searches: Narrowing your search criteria can reduce the number of results pages, thereby lowering the search cost. Specify a date range for docket reports to limit the number of pages.
- Use the cap to your advantage: Remember that most documents have a $3.00 cap. It is often more cost-effective to download a larger document for a flat fee than to perform multiple, broader searches without a cap.
- Check other resources first: Many law school libraries and public libraries offer free access to PACER records. The cost can be avoided entirely by using these institutional resources. Some non-profit organizations also provide free access to federal court data.
Conclusion: Clarifying the 'PACE' request cost
Ultimately, the question of "How much does the pace request cost?" has two different answers depending on the context. For European patents, the PACE request is free, designed to offer an accelerated timeline without an extra fee. For US federal court records, the PACER system charges a nominal fee of $0.10 per page, though this is subject to a $3.00 cap per document and quarterly waivers for low-volume users. Understanding this critical distinction is key to accurately determining the cost involved.
Hindles. "PACE and other acceleration options at the EPO". J A Kemp. "EPO accelerated prosecution procedure (PACE)". PACER. "Public Access to Court Electronic Records".
