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The slow speed of prosecution at the EPO is a bugbear for many applicants (and their attorneys).
United Kingdom
Intellectual Property
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The slow speed of prosecution at the EPO is a bugbear for many
applicants (and their attorneys). Compounding frustrations,
enquiries as to the processing of the file provide often optimistic
timeframes and the EPO’s “PACE” programme rarely
appears to achieve the desired result, with the three-month target
for responding to applicants’ submissions that is ‘strived
for’ by the EPO being missed as a matter of routine.
However, in accordance with their Strategic Plan 2028, the EPO
are looking to accelerate by making changes to their procedures for
enquiries and its interaction with the PACE programme coming into
effect from 1 February 2026.
For applications under PACE, filing enquiries as to the
processing of the file “will automatically cause the EPO to
issue the next action within one month”. This one-month
deadline will also be imposed where an enquiry is filed following
the lapse of an estimated response period from a previous
enquiry.
The shortened deadlines for cases prioritised by applicants and
bolder wording relating to the meeting of the targets are welcomed,
though they fall short of a guarantee.
Notice from the European Patent Office dated 16 December
2025 concerning the handling of enquiries as to the processing of
files
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