OJ EPO 2019, A105 - Notice from the European Patent Office dated 9 December 2019 concerning postal transmission problems in Finland owing to strike action

1. Finland witnessed an interruption or dislocation in the delivery of mail within the meaning of Rule 134(2) EPC between 11 and 27 November 2019.

2. In the case of parties having their domicile or principal place of business in Finland or who have appointed representatives having their place of business in Finland, time limits expiring in the period from 11 to 27 November 2019 have been extended to Thursday, 28 November 2019 pursuant to Rule 134(2) and (3) EPC.

3. As for time limits and conditions applicable under the PCT, pursuant to Rule 82quater.1 PCT, applicants must take the relevant actions as soon as reasonably possible and submit a request for excuse of the delay and any relevant evidence no later than six months after the expiration of the applicable time limit. This provision applies to international applications pending in the international phase and the associated time limits set in the PCT Regulations. Therefore, it does not apply to the priority period set under Article 4C of the Paris Convention nor to the time limit for entering the national phase under Articles 22 and 39 PCT. 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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