The EPO changes the PACE programme: accelerated processing is limited to the examination phase as of 1 February 2026
The EPO is moving toward a more efficient system with fewer acceleration tools, tighter conditions, and greater procedural discipline 1 February 2026
The European Patent Office has published a formal notice introducing important changes to the PACE (Program for accelerated prosecution of European patent application) programme and to the handling of status enquiries, applicable to all enquiries filed on or after 1 February 2026.
These adjustments reflect a sustained improvement in EPO timeliness, particularly in the search phase, where the average time to issue a (supplementary) European search report was reduced to 5.5 months in 2024.
1. PACE programme – scope and conditions
As of 1 February 2026, the PACE programme will apply exclusively to the examination phase. Requests for accelerated processing during the search phase will no longer be available.
Key points:
- PACE may be requested during examination proceedings only
- Any delay attributable to the applicant (e.g. late payment of renewal fees or late replies to communications) will result in automatic removal from PACE, with no possibility of restoration
- Where PACE is validly requested, the EPO will make every effort to issue the next office action within three months
2. Status enquiries
Status enquiries do not, in principle, lead to accelerated prosecution. They are intended to provide information on when the next EPO action can be expected, taking into account internal deadlines and workload.
However, the EPO confirms two important exceptions:
- For applications processed under the PACE programme
- For applications where a previous enquiry has been filed and no examining communication was issued within the indicated period
In these cases, the EPO will automatically issue the next action within one month of receipt of the enquiry.
Enquiries must be filed online using EPO Form 1012 and become part of the publicly accessible file.
3. Third-party observations
The EPO may treat an application as subject to accelerated examination following the filing of a substantiated and non-anonymous third-party observation, even if the applicant has not requested PACE.
In such cases, the EPO aims to issue the next office action within three months of receipt of the observation (or of the applicant’s reply, if outstanding).
4. Takeaway
The EPO is clearly moving toward a more efficient system with fewer acceleration tools, tighter conditions, and greater procedural discipline.
PACE remains available, but it is no longer a safety net — it is a privilege reserved for applicants who manage their prosecution timelines carefully.
