European Patent Office

Article 70

Citation: OJ EPO 2025, 12, A70

Online publication date: 23.12.2025

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 16 December 2025 concerning the handling of enquiries as to the processing of files

In specific cases, parties to proceedings before the EPO may have an interest in enquiring about the progress of the file and thus obtaining information on when the next EPO action is to be expected.

Unlike for the PACE programme, the filing of enquiries does not imply a general acceleration of the prosecution of European patent applications.

Adjustments are being made to the practice of handling enquiries due to the following developments:

  • the sustained improvement in the timeliness of (supplementary) European search reports and opinions on patentability1
  • the revisions to conditions applicable to the PACE programme2
  • the completion of the search phase for those European patent applications (including PCT applications entering the European phase where the EPO did not act as (S)ISA) filed before 1 July 2014 referred to in the previous notice

All parties to proceedings before the EPO's departments of first instance may file enquiries3.

  1. Filing of enquiries
  1. The EPO will process and reply to enquiries according to the present notice only if they are filed online using EPO Form 1012. Enquiries may be submitted for only one application or patent at a time.
  2. The EPO will promptly issue an acknowledgement of receipt.
  3. Both the enquiries and the replies from the EPO form integral parts of the file and, as such, are open to public file inspection.
  1. Handling of enquiries
  1. In general, the EPO will reply to enquiries by indicating the period within which its next action is to be expected, taking into account the workload in the technical area concerned and the internal deadline for the completion of the pending action. The EPO will strive to complete the action within the period indicated in the reply to the enquiry.
  2. Certain factors may impact the handling time for enquiries. For example, the non-payment of the renewal fee by the due date under Rule 51(1) EPC may delay the EPO's handling of an enquiry.
  3. An enquiry in respect of an application which is being processed under the PACE programme or for which a previous enquiry has been made and where an examining communication has not been issued within the set period, will automatically cause the EPO to issue the next action within one month of receipt of the enquiry.
  4. Delivery of the next action by the set date will be closely monitored by the EPO.
  5. If the applicant is not satisfied with the time frame indicated in the reply to the enquiry, prosecution of the examination of the application can be accelerated by requesting application of the PACE programme.
  1. Entry into force
  1. The new procedure applies to enquiries filed on or after 1 February 2026. This notice replaces the notice from the EPO dated 2 August 2016 concerning the handling of enquiries (OJ EPO 2016, A66).

  2. 2 Notice from the European Patent Office dated 16 December 2025 concerning the programme for accelerated prosecution of European patent applications ("PACE") OJ EPO 2025, A70.

  3. 3 For the accelerated prosecution of appeals, see the Notice from the Boards of Appeal on accelerating proceedings dated 19 January 2024, published on the EPO website and in Supplementary publication 1, OJ EPO 2024, 79, and Article 10(3) to (6) of the Rules of Procedure of the Boards of Appeal.