Chapter 2 – The EPO as a PCT receiving Office
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  7. What happens in the event of loss or delay in the post?
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2.2 How must an international application be filed with the EPO as receiving Office?

Overview

2.2.7.What happens in the event of loss or delay in the post? 

2.2.021In cases of loss or delay, the EPO accepts evidence of mailing a document only if it was mailed via the postal authorities or if one of the following postal service providers was used instead: Chronopost, DHL, Federal Express, flexpress, TNT, SkyNet, UPS or Transworld. As evidence, confirmation of registration by the post office or confirmation of receipt by the postal service provider must be provided at the request of the EPO. 

Art. 48(1) PCT
R. 82.1(d), (e) PCT
WIPO PCT Guide 11.063, 11.064 
OJ 2015, A29

2.2.022Rule 82.1 PCT excusing a loss or a delay in the post is not applicable to the priority period because this provision may only be applied in respect of time limits fixed in the PCT. It is only under strict conditions that a right of priority may be restored (see points 2.16.001 ff). It is therefore recommended that any subsequent application be filed as early as possible.

Art. 48(1) PCT
R. 82.1 PCT
R. 26bis.3 PCT

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