UK: Accelerated processing of European patent applications

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK: Accelerated processing of European patent applications

It is established practice at the European Patent Office to offer accelerated processing of patent applications simply on request by the applicant, without the need to pay additional fees. This is in contrast to other patent offices, such as the USPTO or the UKIPO, which will only allow accelerated processing in specific circumstances (for example, when potentially infringing activity has been identified) or for particular categories of applications (for example, inventions having an environmental benefit).

Accelerated processing of applications at the EPO is offered under the PACE programme. Processing of the application can be speeded up at both the search and examination stages, but the programme is perhaps most relevant at the examination stage, since the EPO has already put in place target times for issuing search reports. A request for accelerated examination has the effect that the EPO aims to issue an office action within three months of receipt of the request, and to produce subsequent communications within three months of receipt of the applicant's reply.

Naturally, accelerated processing of applications can only be provided subject to the workload of the search and examining divisions in the particular technical field of the application. Bearing this in mind, the EPO has recently published guidance on the operation of the PACE programme, to help streamline the procedure. This guidance confirms existing aspects of the procedure, such as the fact that requests for accelerated processing are confidential and excluded from public file inspection. As was previously also the case, applicants requesting accelerated processing for large numbers of applications will be asked to limit their request to specific urgent cases.

New aspects of the procedure include the fact that accelerated processing can only be requested once during each of the search and examination stages. The EPO has also clarified the events that will lead to an application losing its position in the PACE programme. These include the request by the applicant of an extension of time, and failure to meet time limits such that the application is deemed withdrawn. In the event of failure to pay renewal fees by the due date, accelerated processing will be suspended.

Although other mechanisms exist for speeding up the prosecution of European patent applications, these tend to operate in the early stages of the application process. For this reason, the ability to request accelerated processing under the PACE programme is generally most useful for applications that are perhaps several years into the examination stage. It should be noted that the EPO will generally inform the applicant, on request, of the expected timing of the next office action. This allows the applicant to decide whether a request for accelerated processing might be helpful.

Chapman

Helga Chapman


Chapman + Co18 Staple GardensWinchester SO23 8SRUnited KingdomTel: +44 1962 600 500  info@chapmanip.com  www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Gift this article