OJ 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

1. In view of the current tragic events in the USA, the Caribbean and Mexico, attention is drawn to the general legal remedies provided under the European Patent Convention in case of non-observance of time limits and, more specifically, to Rule 134(5) EPC.

2. Rule 134(5) EPC offers a safeguard in case of non-observance of a time limit due to an exceptional occurrence such as a natural disaster or other like reasons affecting the locality where the party or his representative resides or has his place of business. This provision may therefore be invoked by any applicants, parties to proceedings or their representatives affected by the natural and technical disasters in the USA, the Caribbean and Mexico.

3. Pursuant to Rule 134(5) EPC, any document received late will be deemed to have been received in due time if the person concerned offers evidence that on any of the ten days preceding the day of expiry of a time limit the mail service was dislocated on account of the effects of this natural or technical disaster and that the mailing was effected within five days after the mail service was resumed.

4. As for time limits and conditions applicable under the PCT, applicants are referred to Rule 82quater PCT. This provision applies to international applications pending in the international phase. However, it does not apply to the priority period. Nevertheless, if an international application is received at the EPO after expiry of the priority period, restoration of the right of priority pursuant to Rule 26bis.3 PCT may be available.


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EPC Implementing Rules

PCT Implementing Rules