http://ipkitten.blogspot.com/2022/10/breaking-epo-to-abolish-10-day-rule.html
The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule.
| Old style delivery |
The EPO “10 day rule” is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent. If the deadline for responding to a notification is 2 months, for example, then the deadline is calculated as 2 months from 10 days after the date of the notification (IPKat).
CIPA reported today that on 13 October 2022, the Administrative Council (AC) of the EPO passed a package of rule changes intended to “adapt the rules of the EPC to the digital age”. Apparently, included in this package was a change to Rule 126(2) EPC, and particularly the removal of the 10-day rule. The change will mean that notification will in the future be considered to occur on the day that the document is sent by the EPO, given that this is generally the case for documents that are delivered electronically.
According to CIPA, the new rule will include a safeguard for cases in which a document is not delivered on the same day. If a recipient alleges that a document was not delivered on time, it will be up to the EPO to prove that it was delivered on time.
CIPA also reports that the new rule will not come into force until 1st November 2023.
Removing the 10-day rule will simplify calculation of EPO deadlines, but lessen the time applicants will have to respond to notifications. The shift also reflects the widespread move of patent attorney firms in recent years to a digital as opposed to paper based document management system.
IPKat awaits official confirmation of the change from the EPO itself. Stay tuned!
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