European Patent Office
2026

9 - September

Overview

Article 44

Citation: OJ EPO 2026, A44

Online publication date: 30.9.2026

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 11 September 2026 concerning the "PACE" programme for accelerated prosecution of European patent applications

This notice replaces the notice from the EPO dated 16 December 2025 concerning the PACE programme (OJ EPO 2025, A69) and reflects the introduction of two new MyEPO features that enable users to file PACE requests either in bulk for multiple applications or individually for single applications.

Applicants are reminded that, since 1 February 2026, the PACE programme has been restricted to the examination phase, in view of the sustained improvement in the time taken by the EPO to issue extended and partial European search reports. Applicants wishing to receive the examination reports and any communication under Rule 71(3) EPC as quickly as possible can still request accelerated processing of their applications under the PACE programme.

More details of the changes to the PACE programme are given below.

Information on additional ways to expedite the European grant procedure is provided in the notice published in OJ EPO 2015, A94. Another option for fast-tracking patent examination is available under the Patent Prosecution Highway (PPH) programme; information about this option is provided in several notices, including OJ EPO 2022, A115.

A. Accelerated examination

  1. Accelerated prosecution of European patent applications is available only upon written request. A PACE request may be filed only once, and at any time after the examining division has become responsible for the application.1
  2. A PACE request may be filed either for a single application at a time or for multiple applications simultaneously (hereinafter "bulk requests"), subject to the following conditions.
  • Request for a single application: applicants must file requests either by filing online the dedicated request form (EPO Form 1005) or using MyEPO. Requests not filed using MyEPO or EPO Form 1005, including those filed on paper, will not be processed.
  • Bulk requests: these must be filed using the dedicated feature in MyEPO. Bulk requests filed by other means will not be processed.
  1. The EPO does not publish requests for accelerated examination and, by decision of the President of the EPO dated 13 November 2025,2 they are excluded from file inspection.
  2. An application will be removed from the PACE programme for any of the following reasons.
  • The PACE request has been withdrawn.
  • The applicant has requested an extension of time limits.
  • The application has been refused.
  • The application has been withdrawn.
  • The application is deemed to be withdrawn.

This applies regardless of the legal remedies available under the EPC. In such cases, it is not possible to readmit the application to the PACE programme, i.e. a second PACE request for that application will not be processed.

  1. Additionally, accelerated prosecution will be suspended in the event of failure to pay renewal fees by the due date under Rule 51(1) EPC.
  2. Prosecution can be accelerated under the PACE programme only where practically feasible and subject to the workload of examining divisions. In certain technical fields there may be constraints due to high volumes of PACE requests. Applicants requesting accelerated examination for all or most of their applications may be required by the EPO to limit the number of their PACE requests by selecting only a subset. The EPO relies on applicants to use the PACE programme responsibly by requesting accelerated prosecution only for applications where it is genuinely needed. This helps maintain the effectiveness of the PACE programme and ensures that it remains efficient and beneficial for all users.
  3. Applicants can contact EPO customer services for the status of an application for which a PACE request has been filed.
  4. A request for participation in the PACE programme is free of charge.
  5. For PCT applications entering the European phase where the EPO also acted as (S)ISA, accelerated examination can, in principle, be requested at any time, for example:
  • on entry into the European phase before the EPO3, or
  • together with any response to the WO-ISA, IPER or SISR required under Rule 161(1) EPC4
  1. When accelerated examination is requested, the EPO makes every effort to issue its next office action within three months of the examining division's receipt of the application, the receipt of the applicant's response under Rule 70a or 161(1) EPC or the request for accelerated examination (whichever is latest).
  2. So long as the application is still being processed under the PACE programme, the EPO will aim to issue subsequent office actions within three months of receiving the applicant's response (see paragraph 4 above).

B. Entry into force

  1. The revised PACE programme enters into force on 1 October 2026 and applies to PACE requests filed on or after that date.
  2. However, the conditions concerning removal of an application from the PACE programme and suspension of accelerated prosecution (see paragraphs 4 and 5 above) will apply also to applications already pending on the entry into force of the revised programme.
1

See Rule 10 EPC and Guidelines for Examination in the EPO, C-II, 1.

3

For Euro-PCT applications, the applicant can expedite entry into the European phase by expressly requesting early processing under Article 23(2) or 40(2) PCT, OJ EPO 2015, A94. The request for examination provided for in Article 94 EPC must have been made, even if the period under Rule 70(1) EPC has not yet expired. An early processing request does not constitute a PACE request; the latter must be requested separately.

4

A PACE request will only take effect on expiry of the period under Rule 161(1) EPC unless the communication under Rule 161(1) EPC and 162 EPC is waived or, where it is issued, its remaining six-month period is waived (OJ EPO 2015, A94).