GL E II 2.6 Irregularities in the notification

Where a document has reached the addressee, if the EPO is unable to prove that it has been duly notified, or if provisions relating to its notification have not been observed, the document is deemed to have been notified on the date established by the EPO as the date of receipt. In cases where the EPO is not able to prove the actual date of notification, a letter, for instance, sent by the addressees themselves and indicating the date of receipt, is accepted as proof. If it is evident from a reply from the addressees that they have received the document, although they do not mention the date of its notification, the date on which that reply was written is to be regarded as the date of notification.[Rule 125(4); ]
 

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EPC Implementing Rules

EPO Guidelines - E General Procedural Matters

Case Law Book: III Amendments