having regard to Rule 2 EPC and Rule 89bis.1 and 2 PCT,

HAS DECIDED AS FOLLOWS:

Article 1

Electronic filings

(1) Documents may, in accordance with this
decision and without prejudice to other means of filing, be filed
electronically using EPO Online Filing (OLF), new online filing (CMS),^[ 1 ] Online Filing 2.0 or the EPO’s web-form filing service (web-form filing).

(2) Filings using OLF may be made online or on electronic data carriers accepted by the European Patent Office (EPO).[ 2 ]

Article 2

Admissibility of electronic filing

(1) Subject to Articles 3 and 4 of this
decision, European patent applications, international (PCT) applications
and other documents relating to such applications or to patents
deriving from such applications may be filed with the EPO in electronic
form.

(2) European patent applications may also be
filed in electronic form with the competent national authorities of
those contracting states which so permit, using OLF or other services
for electronic filing provided they are accepted by the EPO.

Article 3

Limited scope of web-form filing

(1) Authorisations, documents in respect of opposition, limitation and revocation proceedings (Articles 99 to 105c EPC), documents in respect of appeal proceedings (Articles 106 to 112 EPC) or documents in respect of proceedings for review by the Enlarged Board of Appeal of decisions of the boards of appeal (Article 112a EPC) must not be filed using web-form filing.

(2) Documents filed in contravention of
paragraph 1 will be deemed not to have been received. The sender, if
identifiable, will be notified without delay.

Article 4

Priority documents

(1) Priority documents relating to European
patent applications or international patent applications in the European
phase may be filed electronically using OLF, CMS or Online Filing 2.0
provided they have been digitally signed by the issuing authority and
the signature is accepted by the EPO.

(2) Web-form filing must not be used for the electronic filing of priority documents.

(3) Priority documents filed in
contravention of paragraphs 1 or 2 will be deemed not to have been
received. The sender, if identifiable, will be notified without delay.

Article 5

Sequence listings

Sequence listings may only be filed in accordance with the provisions governing the filing of sequence listings.[ 3 ]

Article 6

Access to electronic filing

(1) The use of OLF with the EPO requires a smart card.

(2) Access to, and use of, CMS and Online
Filing 2.0 provided on the EPO website requires a smart card registered
for one or both services, as appropriate.

(3) Access to, and use of, web-form filing
provided on the EPO website requires prior registration on the EPO
website. If abuse or unauthorised use is suspected, the EPO may cancel
or refuse a user’s registration.

Article 7

Certificates

(1) Filings with the EPO using OLF require certificates issued or accepted by the EPO.[ 4 ]

(2) The use of CMS and of Online Filing 2.0 requires certificates issued by the EPO.

Article 8

Specific requirements for OLF

(1) Documents filed using OLF are to be packaged and submitted using the software provided free of charge by the EPO^[ 5 ] and using certificates under Article 7(1) of this decision. Subject to prior acceptance by the EPO, other software^[ 6 ] may also be used.

(2) Documents filed on an electronic data
carrier must be accompanied by a paper document identifying the
applicant and/or their representative, indicating an address for
correspondence and listing the files stored on the data carrier.

Article 9

Integration of ePCT in Online Filing 2.0

Online Filing 2.0 integrates for
international (PCT) applications and other documents relating to such
applications the relevant features of the ePCT service.

Article 10

Document formats

(1) Documents filed using OLF, CMS or Online
Filing 2.0 must be in PDF or, where allowed, in XML in accordance with
the Administrative Instructions under the PCT, Part 7 and Annex F,
without prejudice to the possibility to attach documents in their
original data format.^[ 7 ]

(2) Documents filed using web-form filing
must be in PDF, in accordance with the Administrative Instructions under
the PCT, Part 7 and Annex F.

Article 11

Signature

(1) Where filed documents require signature,
this may take the form of a facsimile signature or a text string
signature. When OLF is used, the signature may also take the form of an
enhanced electronic signature.

(2) A facsimile signature is a reproduction of the filing person’s signature.

(3) A text string signature is a string of
characters, preceded and followed by a forward slash (/), selected by
the signatory to prove their identity and their intent to sign.

(4) An enhanced electronic signature is an
electronic signature issued or accepted by the EPO and confirmed with
certificates under Article 7(1) of this decision.

Article 12

Acknowledgment of receipt

(1) Receipt of documents filed online using
OLF, CMS, Online Filing 2.0 or web-form filing in accordance with this
decision is acknowledged electronically by the EPO or the competent
national authority of the contracting state concerned (hereinafter “the
office”) following successful submission. The acknowledgment of receipt
is provided

(a) digitally signed by the office within the submission session, for documents filed online using OLF,

(b) digitally signed by the EPO in CMS or in Online Filing 2.0, as applicable, for documents filed using these services, and

(c) on the website, once the files are
transferred using web-form filing; an acknowledgment of receipt is also
sent by email to the address supplied by the sender, if so requested.

(2) Where such acknowledgment is not
successfully transmitted using OLF, CMS or Online Filing 2.0, the office
will transmit it by other means without delay, provided it has
sufficient information to do so.

(3) The
acknowledgment indicates the identity of the office, the date and time
of receipt, a reference or application number assigned by the office, a
list of the files submitted and, for online filings using OLF, CMS or Online Filing 2.0, a hash value (the message digest). For documents filed using web-form filing, the EPO may, in order to protect
the integrity of its IT systems, dispense with the indication of an
application number in the acknowledgment of receipt.

(4) Acknowledgment of receipt does not imply the accordance of a date of filing to an application.

(5) Documents filed on electronic data carriers are subject mutatis mutandis to the provisions governing the filing of documents on paper.

Article 13

Illegible or incomplete documents and infected files

(1) Where a filed document is illegible or
incomplete, that part of it which is illegible or missing will be deemed
not to have been received.

(2) If a filed document is infected with a
computer virus or contains other malicious software, it will be deemed
to be illegible. The office is not obliged to receive, open or process
any document with such a deficiency.

(3) Where a filed document is found to be
deficient within the meaning of paragraph 1 or 2, the sender, if
identifiable, will be notified without delay.

Article 14

Previous decisions superseded

When this decision enters into force, the
decision of the President of the European Patent Office dated 9 May 2018
concerning the electronic filing of documents (OJ EPO 2018, A45)
and the decision of the President of the European Patent Office dated
15 November 2018 concerning the electronic filing of priority documents (OJ EPO 2018, A93) will cease to have effect.

Article 15

Entry into force

This decision enters into force on 1 April 2021.

Done at Munich, 3 March 2021

António CAMPINOS

President

^[ 1 ] Formerly known as EPO case management system (CMS).

^[ 2 ] Decision
of the President of the European Patent Office dated 12 July 2007
concerning the electronic signatures, data carriers and software to be
used for the electronic filing of patent applications and other
documents, Special edition No. 3, OJ EPO 2007, A.5.

^[ 3 ] Rule 30 EPC, Rule 13ter PCT,
the decision of the President of the European Patent Office dated
28 April 2011 on the filing of sequence listings, OJ EPO 2011, 372, and
the notice from the European Patent Office dated 18 October 2013
concerning the filing of sequence listings, OJ EPO 2013, 542.

^[ 4 ] Article
1(3) of the decision of the President of the European Patent Office
dated 12 July 2007 concerning the electronic signatures, data carriers
and software to be used for the electronic filing of patent applications
and other documents, Special edition No. 3, OJ EPO 2007, A.5.

^[ 5 ] Decision
of the President of the European Patent Office dated 21 September 2020
concerning the EPO Online Filing software to be used for the electronic
filing of documents, OJ EPO 2020, A105.

^[ 6 ] Notice
from the European Patent Office dated 12 July 2007 concerning the
electronic filing of European patent applications with the German Patent
and Trade Mark Office (DPMA), Special edition No. 3, OJ EPO 2007, A.6.

^[ 7 ] Article
3 of the decision of the President of the European Patent Office dated
12 July 2007 concerning the electronic signatures, data carriers and
software to be used for the electronic filing of patent applications and
other documents, Special edition No. 3, OJ EPO 2007, A.5.