As of 1 February 2026, new rules came into effect for patent applicants using the EPO’s PACE programme. Marion Bénetière explains what has changed.
The Programme for Accelerated Prosecution of European Patent Applications (PACE) enables applicants to accelerate the processing of a European patent application at the European Patent Office (EPO).
In a notice published in the Official Journal on 16 December 2025, the EPO announced a change to the PACE programme, with the new rules applying to PACE applications filed from 1 February 2026.
What has changed?
Before the change came into effect, an applicant could use separate PACE submissions to request the acceleration of the European search phase and subsequently the examination phase of their European patent application, using a dedicated form (EPO 1005).
In its notice, the EPO announced that – thanks to continuous improvements in its processing times – European search reports are now issued within short and predictable timeframes for applicants. In this context, the EPO has decided to limit the PACE programme to the examination phase.
A programme refocused on examination
As of 1 February 2026, therefore, it is no longer possible to request specific acceleration of the search via PACE. The official form (EPO 1005) will only allow requests for accelerated examination.
The evolution of the PACE programme is part of the EPO's Strategic Plan 2028, which aims to sustainably improve the quality, predictability and timeliness of services offered to applicants.
What are the benefits for applicants?
With the PACE program, the EPO already aimed to issue the next official action within three months of the Examining Division's receipt of the application or the applicant's response, thereby enabling:
- a faster initial examination report, and
- where appropriate, a decision to grant (notification under Rule 71(3) EPC) within shorter timeframes.
By refocusing the PACE programme on the examination procedure, the EPO seeks to:
- concentrate resources and improve the efficiency of the service, and
- improve the quality and consistency of the accelerated processing.
Indeed, the EPO hopes to limit the systematic use of the PACE programme by some applicants at the filing stage and, conversely, to encourage a strategic choice by the applicant at the examination stage, in order to ensure genuine priority for strategic applications.
The EPO presents this development as beneficial for both the Office and applicants by preventing the "mass" use of PACE.
A simple, free and flexible system
It is worth noting that access to the PACE programme:
- is free;
- is based on a voluntary request from the applicant, using a very simple form (1005) that is presented as a standardised online request, in which the applicant indicates, by checking the appropriate box, that they wish to expedite the examination of their European patent application;
- requires no justification for the need for acceleration; and
- remains confidential. Indeed, PACE requests are neither published nor accessible to the public, which allows applicants to request accelerated examination without revealing their procedural or commercial strategy to third parties.
Therefore, the PACE programme is a strategic tool for patent holders wishing to obtain a grant decision as quickly as possible, particularly for commercial exploitation, fundraising or contract negotiations.
Procedural considerations
To benefit from the PACE programme, the following rules must be observed:
- File the PACE application online using the dedicated electronic form;
- Once the Examining Division has jurisdiction, either at the beginning of the examination phase, for example, at the same time as the request for examination, or with the response to the invitation under Rule 70a or 161 EPC, strictly adhere to the procedural deadlines;
- Any request by the applicant for an extension of the deadline for responding to an official communication will result in the application being permanently removed from the accelerated programme.
Targeted use of the PACE programme
Furthermore, as the PACE programme is intended for targeted use, the EPO may encourage applicants who frequently, or even systematically, request accelerated proceedings through the PACE programme to prioritise their requests and reserve their accelerated examination requests for their highest priority cases.
To avoid any loss of benefit from the programme, it is therefore advisable to identify in advance, within your portfolio, the patent applications for which accelerated examination is truly crucial.
What are the alternatives?
Other acceleration mechanisms exist and can, depending on the circumstances, offer an alternative or complement to the PACE procedure, the two main ones being:
—1. Early processing
Early processing allows the applicant of an international (PCT) application to request the EPO to begin processing in the European phase before the expiry of the 31-month period, based on Articles 23(2) or 40(2) of the PCT.
To benefit from this, the applicant must:
- submit an express request for early processing, and
- fulfil all the conditions for entry into the European phase, as if the 31-month period had already expired, in particular by paying the European phase entry fees (filing fee, supplementary search fee where applicable, designation fee, etc.), and by filing the required translation, if applicable.
The effect of a request for early processing is that, once the entry requirements are met, the EPO begins formal and then substantive processing of the patent application earlier (before the expiry of the 31-month period).
In this way, the starting point of the European phase is brought forward, without, however, imposing any accelerated pace on the EPO.
Early processing thus constitutes an alternative or complementary acceleration method to the PACE.
—2. The Patent Prosecution Highway (PPH)
The PPH is a cooperation mechanism between patent offices that allows for the acceleration of an application by relying on claims deemed patentable by a partner office. This alternative mechanism therefore applies when the applicant already has a favourable outcome on the merits for a corresponding application abroad.
To benefit from this service, the applicant must:
- complete a PPH request form (according to the applicable program with the partner office),
- provide the positive notification(s) from the partner office (e.g., the written opinion accompanying the search report, an examination report, the grant decision) indicating that at least one claim is deemed patentable,
- the claims deemed patentable by the partner office,
- a correspondence of claims showing that the claims submitted to the EPO are identical or of identical/more limited scope than those deemed patentable,
- the prior art documents cited by the partner office during the examination (if applicable), and
- the necessary translations if the documents are not in English, French, or German.
No justification is required to access the PPH, and the request is free of charge.
When the request is accepted, the effect of the PPH is priority processing of the patent application by the EPO. Furthermore, because it relies on the prior work of a partner office, the examination can be faster and more efficient, with fewer formal communications required to reach a grant, if applicable.
However, unlike PACE, there is no formal commitment to a processing timeframe from the EPO.
The PPH thus constitutes an alternative or complementary acceleration route to PACE. By relying on an examination already carried out, it reduces the uncertainty associated with the examination process. Moreover, because it requires claims of the same scope as those accepted by the partner office, it helps to optimise the international consistency of the patent family.
The PPH is therefore particularly well-suited to coordinated international strategies.
PPH and the "early processing" mechanism thus complement the PACE programme, accelerating and securing the European procedure according to the applicant's specific needs.
Novagraaf specialises in helping clients to choose the most relevant acceleration mechanism based on their objectives and the specific challenges of their business. To find out more about the different options you can pursue for your European patent applications, speak to your Novagraaf attorney or contact our team.
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