After a European patent application has been filed, documents as referred to in Rule 50 may be filed by delivery by hand, by postal services (see A‑II, 1.1) or by means of electronic communication. These include fax, EPO Online Filing, the EPO case management system and web-form filing.[Rule 2(1); ]
With the exception of authorisations and priority documents, subsequent documents may be filed at the EPO's filing offices by fax (see A‑II, 1.2) or using the EPO web-form filing service. The latter, however, does not apply to documents filed in respect of opposition, limitation and revocation proceedings as well as appeal proceedings and proceedings for review by the Enlarged Board of Appeal (see the Decision of the President of the EPO dated 10 September 2014, OJ EPO 2014, A98). With the exception of priority documents (see the references to the OJ EPO below for more details), subsequent documents may also be filed online using the EPO Online Filing software (Art. 3 and 5 of the Decision of the President of the EPO dated 10 November 2015, OJ EPO 2015, A91) or the EPO case management system (see the Decision of the President of the EPO dated 11 March 2015, OJ EPO 2015, A27).
If subsequent documents relating to European patent applications are filed by fax, written confirmation reproducing the contents of the documents filed by this means and complying with the requirements of the Implementing Regulations to the EPC must be supplied on invitation from the EPO within a period of two months from notification of that invitation. If the applicant fails to comply with this request in due time, the fax is deemed not to have been received (see the Decision of the President of the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, A.3).
Written confirmation is requested if the documents communicated by fax are of inferior quality.
If in a fax a party avails himself of Art. 14(4), the subsequent copy must be filed in the same language as the fax, in which case the copy is deemed to have been received on the date of filing of the fax. The period under Rule 6(2) for filing the translation under Art. 14(4) begins on the day following the date of filing of the fax.[Art. 14(4); Rule 6(2); ]
Subsequent documents may not be filed on diskette or by e-mail, telegram or similar means (see also the Notice dated 12 September 2000 concerning correspondence with the Office via e-mail, OJ EPO 2000, 458). However, where interviews and oral proceedings before an examining division are held as a video-conference, documents filed subsequently as referred to in Rule 50 during the video-conference may be filed by e-mail, with the exception of authorisations (for more details see the Decision of the President of the EPO dated 20 April 2012, OJ EPO 2012, 348).
Date retrieved: 24 November 2017
19 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
Offical Journal of the EPO
XOJ EPO 2015, A91 - Decision of the President of the European Patent Office dated 10 November 2015 concerning the electronic filing of documents
XOJ EPO 2015, A27 - Decision of the President of the European Patent Office dated 11 March 2015 concerning the filing of documents using the EPO case management system
XOJ EPO 2014, A98 - Decision of the President of the European Patent Office dated 10 September 2014 concerning the filing of documents using the EPO web-form filing service