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Notice from the European Patent Office dated 1 February 2023 concerning the decommissioning of outgoing faxes
This text is intended for publication in the
Official Journal (OJ) of the EPO. It is made available in advance on
the EPO website merely as a courtesy to the public. Only the text
subsequently published in the officially certified PDF file of the OJ is
authentic. It cannot be guaranteed that this advance version accurately
replicates that text.
To date, the EPO has generally sent faxes in
the patent grant procedure as a courtesy service, to convey advance
urgent information.
Fax is not an official notification method
under the EPC. Over recent years, the number of faxes sent by the EPO in
the patent grant process has significantly decreased. In addition, fax
transmissions have become increasingly unreliable.
In the context of the digital transformation
of the patent grant procedure pursued under its Strategic Plan 2023,
the EPO has improved and expanded its Mailbox service for electronic
notification. The Mailbox now covers 99% (by volume) of communications
issued in proceedings before the EPO and is available to all users
located in an EPC contracting state, for both EPC and PCT proceedings.
The extension of the Mailbox to international users via the new PCT Link
service is currently being piloted.[ 1 ]
Electronic notification via the Mailbox occurs on the same day on which
a document is issued by the EPO, allowing for rapid delivery of urgent
communications. It is possible to set up email alerts for new incoming
communications.[ 2 ]
In view of these developments, the EPO will no longer send faxes in proceedings under the EPC and the PCT as of 1 March 2023. This will contribute to the sustainability of the EPO’s services.
Instead of using fax, the EPO will proceed as follows to convey urgent information to users:
- As regards European patent applications, Mailbox
users will receive any urgent communications from the EPO via the
Mailbox. Users who have not yet opted for electronic notification via
the Mailbox will be asked to provide an email address to which an urgent
communication will be sent for advance information as a courtesy
service. In such cases, the relevant communication will also be
dispatched by post, as it is at present. - As regards international applications, Mailbox users (including
PCT Link users) will receive any urgent communications from the EPO via
the Mailbox. Users who have not yet opted for electronic notification
via the Mailbox (including the PCT Link service) will generally be
contacted by email for urgent communications using the email address
provided in the PCT request form. Notification by post will follow. In
proceedings before the EPO acting either as International Searching
Authority (ISA) or International Preliminary Examination Authority
(IPEA), applicants willing to receive electronic communications in place
of paper communications via surface mail are invited to activate the
new PCT Link service in MyEPO Portfolio.[ 3 ]
As a result of this change of practice, the
EPO will progressively make the required changes in the relevant EPO
forms by removing any fields in which users are asked to provide a fax
number. Any reply to communications exceptionally sent by email for
urgent advance information must be filed via an official means of filing
authorised in proceedings before the EPO.
The present notice does not affect the
filing of applications and other documents by fax, which remains
available under the conditions defined by the President of the EPO.[ 4 ]
Anticipating future digital developments, the EPO has however started
reflecting on the future of fax filings and will engage in discussions
on this matter with stakeholders.
[ 1 ] See Notice from the European Patent Office dated 10 October 2022 concerning phase 2 of the MyEPO Portfolio pilot project, OJ EPO 2022, A94.
[ 2 ]
Users can set up email alerts for communications arriving to the
Mailbox in the MyEPO Portfolio service (see Notice from the European
Patent Office dated 11 May 2022 concerning the web-based online service
MyEPO Portfolio, OJ EPO 2022, A52).
[ 3 ] Available at www.epo.org/applying/online-services/improving.html
[ 4 ]
See Decision of the President of the European Patent Office dated
20 February 2019 concerning the filing of patent applications and other
documents by facsimile, OJ EPO 2019, A18