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

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article