Important change in the calculation of time limits by the EPO
The so-called “10-day rule” currently applied by the European Patent Office (EPO) is to be abandoned as from 1 November 2023. This will result in an important change in the calculation of many official deadlines.
The EPO’s “10-day rule” admits a notification fiction according to which a document is deemed to be delivered to the addressee on the tenth day from transmission (EPC Rules 126(2) and 127(2)). By way of example, under current rules a time limit of 4 months from receipt of a document dated 12 March 2023 expired on 22 July 2023 (10 days of the notification fiction plus 4 months).
Amended EPC Rules 126(2) and 127(2) introduce a new notification fiction, according to which postal and electronic notification will be deemed to occur on the date of the document itself. As a result, a time limit of 4 months from receipt of a document dated 12 March 2024 will expire on 12 July 2024 (4 months with no addition).
This change reflects the prevalent use of e-mail as well as the EPO’s digital transformation. The “10-day rule” was established to account for delays in postal and courier deliveries, but the EPO’s electronic mailbox, covering 99% (by volume) of all documents issued, has made the “10-day rule” redundant.
The new provisions only apply to communications dated as from 1 November 2023. A communication dated 31 October 2023 will still be deemed to be notified on the tenth day from the date it bears, which will thus impact on the calculation of the time limit.
Safeguards will be granted by the EPO in case a document is not received or is received exceptionally late, i.e., more than 7 days after the date it bears.
Further information
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