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

Cookies Settings

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

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article