The President of the European Patent Office, having regard to Articles 10(2)(a) and 128 and Rules 2, 127, 145 and 147 EPC and Rules 44, 80.6, 89bis.1 and 2, 94.2bis and 94.3 PCT, has decided as follows:

Article 1

Scope of MyEPO Portfolio

1. MyEPO Portfolio is a secure, web-based
online service for parties to proceedings before the EPO. It is
accessible from the MyEPO area on the EPO website.

2. Use of MyEPO Portfolio requires a smart card with certificates issued by the EPO.[ 1 ]

3. By signing in to MyEPO Portfolio, access is provided to:

(a) electronic notification via Mailbox;

(b) electronic filing as specified in Article 3;

(c) inspection of files as specified in Article 4;

(d) upon further announcement, additional functionalities.

4. The availability of functionalities
within MyEPO Portfolio may be limited to specific categories of users.
European professional representatives, legal practitioners entitled to
act in proceedings under Article 134(8) EPC
and parties who have their residence or place of business in an EPC
contracting state may register for electronic notification via Mailbox.
Electronic filing is available for European professional representatives
and legal practitioners. Where multiple professional representatives
have been individually appointed, only the first named representative on
EPO Form 1001 or 1200 has access to electronic filing or to inspection
of the files of unpublished applications. Functionalities may be made
available to additional categories of users upon announcement on the EPO
website or in the Official Journal.

Article 2

Electronic notification

1. Electronic notification under Rule 127 EPC is effected by electronic communication to Mailbox.

2. Mailbox may be accessed through MyEPO Portfolio or through the existing Mailbox service.

3. The decision of the President of the EPO
dated 11 March 2015 concerning the pilot project to introduce new means
of electronic communication in EPO proceedings (OJ EPO 2015, A28), in particular Articles 5 and 9, applies mutatis mutandis to electronic notification via Mailbox when accessed through MyEPO Portfolio.

Article 3

Electronic filing

1. Users may perform procedural acts in
reply to a communication from the EPO within the prescribed period
(“tasks”), file procedural requests (ʺactionsʺ) and submit accompanying
documents. The list of pending tasks is displayed in the task menu and
indicates the final date for performing each of them.

2. Any accompanying documents must be filed
in PDF or TIFF format. Documents in PDF or TIFF format must comply with
the definition of these formats provided in the Administrative
Instructions under the PCT, Part 7 and Annex F.[ 2 ]

3. The procedural act performed or request
filed is reflected in an electronic document automatically generated
within the submission session.

4. The document referred to in paragraph 3
and any accompanying documents are authenticated when the signed-in user
selects the dedicated button for authentication and submission. The
documents authenticated in this way are deemed to meet the legal
requirements of signature.

5. The document referred to in paragraph 3
and any accompanying documents are inserted into the file and made
available for public file inspection in accordance with Article 128 EPC.

6. MyEPO Portfolio users are able to submit the following acts or requests:

• the reply to a communication under Rule 71(3) EPC, including any requests for correction of bibliographic data at that stage;
• a request for further processing before or after the issuance of a
  noting of loss of rights, following the expiry of the period for reply
  to a communication under Rule 71(3) EPC;
• the reply to communications from the examining division in respect
  of requests for correction or change of the bibliographic data set out
  in the communication under Rule 71(3) EPC or possible inconsistencies in the translation of the claims submitted in reply to the communication under Rule 71(3) EPC.

7. Additional tasks and actions will be added upon announcement on the EPO website or in the Official Journal.

8. Only documents, procedural acts or
requests relating to the procedures under paragraph 6 or announced under
paragraph 7 may be filed. Other documents, procedural acts or requests
are deemed not to have been received.

9. Receipt of documents filed via MyEPO
Portfolio is acknowledged electronically by the EPO following successful
submission. The acknowledgment of receipt is provided digitally signed
by the EPO within the submission session.

10. The provisions concerning the electronic filing of documents apply mutatis mutandis to any filing in accordance with paragraph 1.[ 3 ]

Article 4

Inspection of files of applications and patents

1. The documents in the electronic file
relating to European patent applications and granted patents, and to
international applications under the PCT for which the European Patent
Office acts as a designated or elected Office, may be inspected via
MyEPO Portfolio in accordance with Article 128(4) EPC.

2. Inspection of files relating to an
unpublished European patent application is restricted to the appointed
European professional representative or legal practitioner in accordance
with Article 128(1) EPC.

Article 5

Email alerts

1. Users may activate email alerts to be sent to an email address specified by them when a defined event occurs.

2. Alerts can be activated for the following events:

• when a new document is received in the user’s mailbox,
• when a new task is created for the user,
• when two weeks remain before expiry of the period for completing a task.

3. Email alerts are provided as a courtesy service for information only and are not considered as notifications under Rule 127 EPC.
Failure to send an alert for whatever reason will have no effect on any
relevant notification or time limit. Users may not invoke the omission
of an alert.

Article 6

Formal and technical requirements

Further formal and technical requirements to
be complied with are provided in MyEPO Portfolio and in the
accompanying documentation made available to users.

Article 7

Existing methods of filing documents, notification and file inspection

MyEPO Portfolio is provided without
prejudice to the existing methods of filing documents, electronic
notification and file inspection.

Article 8

Previous decisions and pilot project

When this decision enters into force, the
user area pilot project is discontinued and the decision of the
Vice-President Legal and International Affairs (Directorate-General 5)
of the European Patent Office dated 19 August 2021 concerning the user
area pilot project (OJ EPO 2021, A64) will cease to have effect.

Article 9

Entry into force

This decision enters into force on 1 June 2022.

Done at Munich, 11 May 2022

António CAMPINOS

President

[ 1 ]
See the decision of the President of the European Patent Office dated
14 May 2021 concerning the electronic filing of documents, OJ EPO 2021, A42.
See also the notice from the European Patent Office dated 12 December
2016 concerning the use of smart cards by persons not resident in an EPC
contracting state (OJ EPO 2017, A4).

[ 2 ]
See Annex F to the Administrative Instructions under the Patent
Cooperation Treaty, Standard for the filing and processing in electronic
form of international applications, available at wipo.int/pct/en/texts/ai/annex_f.html.

[ 3 ] See,
in particular, the decision of the President of the European Patent
Office dated 14 May 2021 concerning the electronic filing of documents (OJ EPO 2021, A42).
See also the notice from the European Patent Office dated 22 October
2020 concerning the procedures and safeguards which apply under the EPC
and the PCT in the event of outages of means of electronic filing and
other online services (OJ EPO 2020, A120).