The European Patent Office (EPO) has announced that as of 1 February 2026, it will no longer be possible to request accelerated search using the PACE programme.\u00a0The EPO has justified this change on the basis that the average time to issue extended\/partial European search reports in 2024 was only five and a half months \u2013 which is already within the six-month target for issuing the search report on cases where a PACE request for accelerated search has been filed.<\/p>\n\n\n\n
Accordingly, it is now only possible to request accelerated examination using the PACE programme.<\/p>\n\n\n\n
The PACE programme remains a highly effective tool for accelerating prosecution of European patent applications.\u00a0 Requests must be filed online using a dedicated form.\u00a0There is no official fee payable, and no reason needs to be provided.<\/p>\n\n\n\n
When a PACE request is filed, the EPO endeavours \u2013 subject to workloads \u2013 to issue the next office action within three months.\u00a0The EPO also endeavours to issue subsequent office actions within three months of the applicant’s reply.\u00a0 Applicants who file PACE requests on most or all of their applications will be required to limit their requests to a subset of applications.<\/p>\n\n\n\n
PACE requests may only be filed once per application, and the request may only be filed during the examination stage, which is once the examining division has assumed responsibility for the application.\u00a0For international applications entering the European phase where the EPO also acted as the international searching authority, accelerated examination can, in principle, be requested at any time.<\/p>\n\n\n\n
The EPO does not publish PACE requests \u2013 they are excluded from the public file.<\/p>\n\n\n\n
An application will be removed from the PACE programme if the PACE request is withdrawn, the applicant requests an extension of a time limit, the application is refused, withdrawn or deemed to be withdrawn.\u00a0Additionally, accelerated examination will be suspended if a renewal fee is not paid by the due date.\u00a0 The implication here is that accelerated examination will be resumed if the renewal fee is paid within the grace period.<\/p>\n\n\n\n
There are ways to accelerate prosecution of European applications outside the PACE programme.\u00a0For example, by choosing the EPO as the international searching authority when filing international applications, requesting early entry into the European regional phase and\/or filing any amendments upon entering Europe and waiving the Rule 161\/162 EPC communication (right to „further“ amend).<\/p>\n\n\n\n
As always, please feel free to contact your usual Forresters attorney should you require any advice.<\/p>\n\n\n\n