(1)[ 133 ]
If a period expires on a day on which one of the filing offices of the European Patent Office under Rule 35, paragraph 1, is not open for receipt of documents or on which, for reasons other than those referred to in paragraph 2, mail is not delivered there, the period shall extend to the first day thereafter on which all the filing offices are open for receipt of documents and on which mail is delivered. The first sentence shall apply mutatis mutandis if documents filed by one of the means of electronic communication permitted by the President of the European Patent Office under Rule 2, paragraph 1, cannot be received.
If a period expires on a day on which there is a general dislocation in the delivery or transmission of mail in a Contracting State, the period shall extend to the first day following the end of the interval of dislocation for parties which are resident in the State concerned or have appointed representatives with a place of business in that State. Where the State concerned is the State in which the European Patent Office is located, this provision shall apply to all parties and their representatives. This paragraph shall apply mutatis mutandis to the period referred to in Rule 37, paragraph 2.
The date of commencement and the end of any dislocation under paragraph 2 shall be published by the European Patent Office.
Without prejudice to paragraphs 1 to 4, a party concerned may produce evidence that on any of the ten days preceding the day of expiry of a period the delivery or transmission of mail was dislocated due to an exceptional occurrence such as a natural disaster, war, civil disorder, a general breakdown in any of the means of electronic communication permitted by the President of the European Patent Office under Rule 2, paragraph 1, or other like reasons affecting the locality where the party or his representative resides or has his place of business. If the evidence produced satisfies the European Patent Office, a document received late shall be deemed to have been received in due time, provided that the mailing or the transmission was effected at the latest on the fifth day after the end of the dislocation.
See notice from the EPO, OJ EPO 2015, A36.
Date retrieved: 24 November 2017
49 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 - E General Procedural Matters
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO SE 5/2017, p83 - Annex B.1 to the ADA - Administrative Agreement dated 5 April 1993 between the EPO and the epi
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p2 - Notice from the European Patent Office dated 27 September 2017 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO SE 1/2017, p127 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)
XOJ EPO 2017, A87 - Notice from the European Patent Office dated 22 September 2017 concerning the situation in the USA, the Caribbean and Mexico after the hurricanes and earthquakes between 23 August and 21 September 2017
XOJ EPO 2017, A73 - Notice from the European Patent Office dated 22 August 2017 concerning the payment of fees by credit card
XOJ EPO 2017, A63 - List of days in 2017 on which EPO filing offices and national patent authorities of the EPC contracting states are closed – corrigendum
XOJ EPO 2017, A7 - List of days in 2017 on which EPO filing offices and national patent authorities of the EPC contracting states are closed
XOJ EPO 2015, A36 - Notice of the European Patent Office dated 30 March 2015 concerning amendments to Rules 2, 124, 125, 126, 127, 129, 133 and 134 EPC, and the decisions of the President of the European Patent Office dated 11 March 2015 on the [..]
XOJ EPO 2015, A17 - Decision of the Administrative Council of 15 October 2014 amending Rules 2, 124, 125, 126, 127, 129, 133 and 134 of the Implementing Regulations to the European Patent Convention (CA/D 6/14)
XOJ EPO 2013, 372 - Notice of the President of the European Patent Office dated 4 June 2013 concerning the problems caused by the Oklahoma Tornado in the USA beginning on 20 May 2013
XOJ EPO 2012, 618 - Notice of the President of the European Patent Office dated 5 November 2012 concerning the problems caused by Hurricane Sandy in the USA beginning on 29 October 2012
XOJ EPO 2012, 58 - Notice from the European Patent Office dated 13 January 2012 concerning the situation in Thailand after the flooding at the end of 2011
XOJ EPO 2011, 272 - Notice from the European Patent Office dated 15 March 2011 concerning the situation in Japan after the earthquake on 11 March 2011
XOJ EPO 2010, 351 - Notice from the European Patent Office dated 3 May 2010 concern- ing the extension of time limits under Rule 134 EPC
XOJ EPO 2009, 479 - Notice from the President of the European Patent Office dated 6 August 2009 concerning extension of time limits
Case Law Book: II Conditions to be met by an Application
Case Law Book: III Amendments
XCLR III D 1.3.2 dislocation or interruption in delivery or transmission of mail in a Contracting State (R. 134(2) EPC)