From 1 November 2023, the "10 day notification period" historically provided by the EPO for communications and many associated deadlines will no longer apply.
This period allowed a communication to be deemed notified 10 days after it was dated and sent, to provide time for it to reach the recipient via post. However, under the new system, communications will be deemed notified the day they are dated and sent, and deadlines will be calculated accordingly. The new system will apply to all communications dated on or after 1 November 2023. It forms part of the EPO's digital transformation, and reflects the fact that the EPO already delivers communications digitally.
Moving forward, it is important to take into account that an additional 10 days will no longer be available on reported deadlines.
The safeguards that exist for situations where a communication from the EPO is not received or is received more than seven days after the date of sending will remain in place. In these circumstances, it will remain the obligation of the EPO to prove that the document was delivered and the date on which it was delivered.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
