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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
