What Are the EPO Examination Guidelines?
The European Patent Office (EPO) put its updated 2026 Examination Guidelines into effect on April 1, 2026. The most practically significant changes are: (1) the abolition of the PACE (Programme for Accelerated Prosecution of European Patent Applications) service for the search phase, and (2) the consolidation of the previously separate “European Patent Guide” and “Euro-PCT Guide” into the main Guidelines document. Both changes have material implications for applicant strategy.
The EPO Examination Guidelines serve as the authoritative reference for examination practice under the European Patent Convention (EPC), consulted by examiners, applicants, and representatives alike. They cover patentability requirements — novelty, inventive step, sufficiency of disclosure — as well as procedural details. Updated annually each April, recent editions have addressed emerging technology areas such as AI and biotechnology, as well as efficiency initiatives.
PACE Search-Phase Abolition: What Changes
PACE allowed applicants to request priority processing in either the search phase or the examination phase — or both. The 2026 Guidelines formally reflect the abolition of PACE for the search phase, which took effect on February 1, 2026. The rationale is straightforward: EPO statistics show that as of 2024, the average time to issue a search report had already fallen to 5.5 months, making the search-phase acceleration option largely redundant.
PACE for the examination phase remains available, subject to new conditions. Each application is limited to a single PACE request; the request may only be filed during the examination phase; and once PACE is granted, the EPO aims to issue its next action within approximately three months.
The practical consequence for applicants who previously used search-phase PACE as a business intelligence tool is significant. A common strategy was to accelerate the search to obtain the European Search Report (and its preliminary opinion on patentability) early, then use that information to assess the strength of the application and decide whether to adjust claims or filing strategy before investing further in prosecution. Without search-phase PACE, applicants in fast-moving technology domains — particularly AI and biotechnology — will need to recalibrate their European filing timelines.
Technology Domains Most Affected
The impact of the search-phase PACE abolition falls most heavily on AI and software patent filers, where competitive dynamics demand speed, and on pharmaceutical and biotechnology applicants, who must carefully synchronize patent prosecution timelines with regulatory approval schedules and product launch plans.
In AI, the global surge in AI-related patent filings means applicants are under constant competitive pressure to understand the prior-art landscape and optimize claim scope as early as possible. In pharmaceuticals and biotechnology, patent lifecycle management — aligning patent expiry dates with product lifecycles — is a core competitive tool, and any slippage in the timeline for obtaining search results introduces planning risk.
Consolidation of the European Patent Guide and Euro-PCT Guide
The second major change is the integration of the “European Patent Guide” and the “Euro-PCT Guide” into the main Examination Guidelines. The European Patent Guide explained the EP direct-filing process, while the Euro-PCT Guide covered procedures for national-phase entry into Europe via PCT. Their consolidation into a single document framework simplifies the reference landscape for practitioners.
For Japanese applicants — the majority of whom reach Europe via the PCT route — the integration of Euro-PCT content into the main Guidelines is a practical improvement, reducing the need to cross-reference multiple documents. The consolidated document will be longer, however, and identifying and tracking changes across revision cycles will require closer attention. Working with a qualified European Patent Attorney to monitor and interpret guideline updates will become even more important.
Other Notable Changes in the 2026 Guidelines
Beyond the two headline changes, the 2026 Guidelines include refinements to AI-related patentability practice and updated guidance on biological sequences. On AI, the EPO has continued to develop its approach to the technical character requirement — a key threshold for software and AI inventions under the EPC — clarifying how technical effects achieved by AI systems are assessed. On biological sequences, the Guidelines align with updated WIPO ST.26 standards for sequence listing submissions. Practitioners with heavy EPO portfolios in either domain should review the updated sections carefully and assess the implications for pending and future applications.
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