1. Calculation, determination and extension of time limits
Overview
1. Calculation, determination and extension of time limits
Rule 131 EPC gives details for the calculation of time limits and R. 132 EPC provides criteria for the determination and extension of periods to be specified by the EPO, whilst R. 134 EPC contains provisions covering certain contingencies.
Time limits in the EPC have two conceptual elements: firstly, a period of time determined in years, months or days, and secondly, a relevant date, which serves as the starting date of the time limit, and from which the period of time is counted (J 18/04, OJ 2006, 560).
The term "deadline" is broader than the terms "time limit" and "period" as it encompasses any last date for validly performing an action and says nothing about the nature of the underlying time restriction (J 10/12). By contrast, the term "time limit", as a legal concept of the EPC procedural system, has a precise meaning (R. 131 EPC). It is a period of time of defined duration which is computed by reference to a relevant event (dies a quo). Thus, the last date up until which a procedural act can be validly performed ("deadline") is the result of this computation of the period of time specified in the legal provision establishing the time limit by reference to the dies a quo (see J 18/04).