Article 1 Electronic notification
(1) On 15 December 2011 the European Patent Office (EPO) will start phasing in notification by technical means of communication (electronic notification).
(2) In an initial phase the following docu- ments will be notified electronically:
(a) the extended European search report pursuant to Rule 62 EPC i.e. the European or partial European search report (Article 92 and Rules 61 and 63 EPC) plus the European search opinion or the declaration of no search (Rule 63 EPC),
(3) With an initial user group prepared to assist with procedural and technical testing, the EPO plans gradually to expand electronic notification to include all other pre-grant communications.
Article 2 Notification to the Mailbox
Professional representatives (Article 134(1) EPC) holding an EPO smart card 1 and who have activated the Mailbox 2 may inform the EPO 3 that they wish to take part in the start-up phase under Article 1.
Article 3 Notification
Notification is by electronic communica- tion to the professional representative's Mailbox. The electronic communication contains a link to the notified document, in the electronic dossier in an EPO database.
Article 4 Notification rules
(1) Electronic notification is effected by electronic communication to the professional representative's Mailbox.
(2) Notification is deemed to have been effected at the latest on the tenth day after transmission of the electronic communication to the Mailbox, unless the communication arrives later or not at all.
Article 5 Paper copies
In case of electronic notification, no paper copies will be notified in parallel.
1 To apply for a smart card, visit the EPO website http://www.epo.org/applying/online-services/ security/start.html.
2 See notice from the European Patent Office dated 13 December 2011 concerning EPO online services. 3 email@example.com
Article 6 Previous decisions and notices superseded
Point 6 of the notice from the European Patent Office dated 9 December 2003 concerning the My.epoline portal (OJ EPO 2004, 61) is set aside.
Article 7 Entry into force
This decision enters into force on 15 December 2011.
Done at Munich, 13 December 2011
Benot BATTISTELLI President
Date retrieved: May 20, 2014