Decision of the President of the European Patent Office dated 14 July 2007 concerning the application of Rule 133 EPC on the late receipt of documents (OJ EPO 2007, Special edition no. 3, 119)

The President of the European Patent Office,

Having regard to Article 10(2)(a) EPC and Rule 133(1) EPC,

Taking into account the need for periodic updating of the list of generally recognised delivery services,

HAS DECIDED AS FOLLOWS:

Article 1

Posting in due time and proof thereof

A document shall be deemed to have been received in due time within the meaning of Rule 133 EPC if it was posted, or delivered to one of the delivery services referred to in Article 2, five days before the expiry of the relevant time limit. At the request of the EPO, confirmation of registration by the post office or of receipt by the delivery service shall be provided as evidence that the document was posted in due time.

Article 2

Delivery services

The delivery services generally recognised by the EPO for the application of Rule 133 EPC shall be:

Chronopost,[ 1 ]

DHL,[ 2 ]

Federal Express,[ 3 ]

flexpress,[ 4 ]

TNT,[ 5 ]

SkyNet[ 6 ] and

UPS.[ 7 ]

Article 3

Methods of despatch

Rule 133 EPC shall only apply if the document was sent as a registered letter and, if posted outside Europe, by airmail. This shall apply mutatis mutandis to the transportation of the document by a delivery service.

Article 4

Entry into force

This decision shall enter into force upon entry into force of the revised European Patent Convention in accordance with Article 8 of the Act revising the EPC and shall replace the decision of 31 March 2003 (OJ EPO 2003, 283).

Done at Munich, 14 July 2007

Alison BRIMELOW

President