1. Under the current EPC system, letters from the EPO are deemed to be delivered to the addressee on the tenth day following its handover to the postal service provider.

2. The transition to electronic communications renders this rule obsolete, as delivery is much faster and generally occurs on the same day.
Further, the PCT does not comprise such a 10-day delivery offset.

3. Thus, the Administrative Council of the EPO decided to abolish the 10-day rule and align the EPO system with the PCT.

The new fiction for notification and time limit calculation will enter into force on November 1st, 2023.

4. In the event of a dispute concerning the delivery of a document, the burden of proof of (timely) reception remains with the EPO.

More information is available here.

This IP Alert is for information purposes only and does not constitute legal advice.

Published On: 11 November 2022Categories: Publications

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