European Patent Office: EPO reviews accelerated prosecution

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

European Patent Office: EPO reviews accelerated prosecution

In 2010, the EPO introduced the PACE programme, which allowed applicants to accelerate prosecution of patent applications pending before the EPO. Under the PACE programme, the EPO would make every effort to issue a first examination communication within three months of the PACE request.

It appears that the EPO is still struggling with the backlog of patent applications, and has therefore introduced a number of restrictions into the PACE system.

The most significant changes are:

Only one PACE request per application: Once PACE is requested, a patent application may fall out of the PACE system for a number of reasons (for example, if the applicant requests an extension of a deadline). A further PACE request will not be possible.

Mandatory use of the official form (Form 1005): Previously, PACE could be requested in a letter to the EPO, and was often carried out together with for example a response to an examination report. However, under the new practice, PACE requests which do not use the official online form will not be allowable.

Accelerated prosecution is not universally applicable: The EPO has introduced a proviso to the PACE programme, and will allow PACE "only where practically feasible and subject to the workload of search and examining divisions". Effectively, if a certain technical field has a particularly high backlog of applications, PACE will not always be guaranteed.

Blanket PACE requests will not be acceptable: If an applicant requests accelerated prosecution for all or most of their applications, they will be requested by the EPO to select those applications which are of most relevance.

Separate PACE request for examination: A PACE request filed during the search stage of an application will not automatically accelerate examination proceedings. An applicant wishing to accelerate examination proceedings must wait to file a PACE request until the examining division has assumed responsibility for the application.

The updated PACE programme applies from January 1 2016.

Farrington-Edward

Edward Farrington


Inspicos P/SKogle Allé 2DK-2970 HoersholmCopenhagen, DenmarkTel: +45 7070 2422Fax: +45 7070 2423info@inspicos.comwww.inspicos.com

more from across site and SHARED ros bottom lb

More from across our site

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article