Written by: Caleb Gilliam-Scott
Starting February 2026, the European Patent Office (EPO) will implement changes to its existing acceleration programme known as PACE.
Following a review of its practices in fulfilment of its a commitment to issue search opinions within six months (the current average being five and a half), the EPO will discontinue “search PACE”, which sought to accelerate search to no more than six months.
This leaves “examination PACE” as the sole type of PACE available, although other acceleration schemes such as the Patent Prosecution Highway (PPH) remain available. However PPH is often a less effective form of acceleration at the EPO due to differing requirements imposed by the EPO compared to the office of earlier examination.
PACE can be requested at any time after examination has started, but can only be requested once. PACE status is irrevocably lost if, for example, the applicant requests an extension of time, or the application is deemed withdrawn, actively withdrawn, or refused.
To maintain the efficiency of PACE, a new disqualifying condition is being introduced, which may result in applications inadvertently being kicked off the accelerated track. Applicants will need to ensure that any application under PACE has its renewal fees paid by the due date according to Rule 51(1) EPC. In other words, the renewal fee must be paid within the basic period, not during the otherwise available six-month surcharge/grace period.
The EPO is also applying this renewal fee requirement to its handling of enquiries as to the processing of the file, where applicants can prompt the EPO the provide a timeline for the next anticipated action. The non-payment of the renewal fee by the due date within the basic period may delay the EPO’s handling of such enquiries.
Under PACE, the EPO makes “every effort” to issue the next Office action within three months of either the start of examination, an applicant’s response to a search opinion prepared by the EPO, or the request for accelerated examination itself, whichever is later. The target is for subsequent actions to be issued within three months of a reply, provided the application remains under PACE.
A status enquiry in respect of an application under PACE, or for which a previous enquiry was made but no Office action was issued within the set period, will automatically cause the EPO to issue the next action within one month of receipt of the enquiry.
In light of these upcoming changes, applicants seeking to benefit from the EPO’s accelerated examination process must be vigilant in meeting all procedural requirements, particularly the timely payment of renewal fees. The introduction of stricter disqualifying conditions underscores the EPO’s commitment to efficiency, but also increases the risk of losing PACE status due to administrative oversights. Staying informed and proactive will be essential for applicants to remain on track and fully leverage the advantages of accelerated prosecution in Europe.
