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Search and Examination Matters 2026

Florian Meier — Tue, 13 Jan 2026 08:01:04 +0000

The European Patent Office will host “Search and Examination Matters 2026” online from 2 to 5 February 2026. This free event, organized with epi, offers four afternoon sessions featuring 16 presentations on key topics in patent practice. A major focus will be on artificial intelligence and its impact on search and examination, including challenges in sufficiency of disclosure. Other sessions will address inventive step in graphical user interfaces and practical issues faced by professionals. The event encourages interactive discussion with EPO examiners and experts, providing a platform to exchange insights and ask questions. Sessions will not be recorded, so live participation is essential. Registration is open now, and attendance is free.

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EPO Discontinues PACE for Search

Florian Meier — Mon, 29 Dec 2025 17:13:53 +0000

The European Patent Office (EPO) has announced a major change to its PACE programme in Official Journal 2025, A69. Starting 1 February 2026, the PACE programme will no longer apply to the search phase. This decision reflects the EPO’s success in consistently delivering search reports within its six-month target.

PACE will remain available only for the examination phase, allowing applicants to speed up the issuance of the first examination report and communications under Rule 71(3) EPC. A revised Form 1005 will be introduced in 2026 for examination acceleration requests. Other acceleration options, such as the Patent Prosecution Highway (PPH), remain unaffected.

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Search at the EPO

Florian Meier — Tue, 24 Sep 2024 06:09:03 +0000

In the September 12, 2024 episode of the EPO’s Talk Innovation podcast, the focus is on patent quality. One highlight is a new step being taken by the European Patent Office (EPO) to improve the thoroughness of search reports. Starting in November 2023, these reports will be shared with members of the upcoming Examining Division and their team manager. This change aims to make sure that the search reports are as comprehensive as possible. The goal is to minimize situations where important prior art is only introduced years into a case, even when the patent claims haven’t changed much.

The episode also discusses other efforts to improve consistency in procedures. For example, the EPO is working to help Examiners better compare their practices regarding the number of communications sent out before a case goes to oral proceedings. These measures are set to enhance the overall quality and efficiency of the patent examination process.

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Search report for patent application deemed to be withdrawn

Florian Meier — Sun, 24 Mar 2024 15:47:40 +0000

In a recent decision 1 W(pat) 11/23, the German Federal Patent Court held that the German Patent and Trademark Office (GPTO) has to establish a search report for a patent application that is deemed to be withdrawn, provided that applicant sets forth a legitimate interest in obtaining the search results. The decision orders the GPTO to establish the search report prior to expiry of the priority term.

This decision both reflects the importance of the official search results for applicants and corroborates the importance of the official search results to be established in due time.

By way of background, a German national patent application is deemed withdrawn (as in the decided case) inter alia when it serves as basis for a priority claim of (a) a further national German patent application or (b) a PCT application filed via the GPTO as Receiving Office without exempting the designation of Germany. Still, applicant can (and often does) have a legitimate interest in a timely search report even in cases in which a convention application was already filed. For illustration, it may be prudent in many cases for applicant to modify the claims and/or the overall disclosure of a (still further) convention application, taking into account the search results.

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