2.3 Electronic notification 

Where an addressee has agreed to receive communications electronically, the electronic document is deemed to be delivered to them on the date it bears, unless it has failed to reach its destination.

Even if the addressee can access the electronic document before the date of the document, the decisive date for the purpose of the notification fiction under Rule 127(2) is the date of the document.

If there is a dispute about the delivery of the electronic document, it is incumbent on the EPO to establish that it has reached its destination and to establish the date on which it did so.

If the EPO establishes that the document reached its destination more than seven days after the date it bears, the safeguard under Rule 127(2) applies and a period triggered by the deemed receipt of the document will be extended by the number of days by which these seven days were exceeded (see the notice from the EPO dated 6 March 2023, OJ EPO 2023, A29). Rule 134(1) applies only once the period has been extended in accordance with this safeguard. See E‑II, 2.4 for an example.

Electronically notified documents are made available in the Mailbox accessible via MyEPO. A list of the decisions, summonses, notices and communications that can be notified electronically is published on the EPO website. For more details, see the decision of the President of the EPO dated 9 February 2024 concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox in proceedings under the EPC and the PCT (OJ EPO 2024, A20) and the notice from the EPO dated 9 February 2024 concerning new features of MyEPO Portfolio (OJ EPO 2024, A21).

If other means are introduced for electronic notification, the conditions and details of their use will follow from the applicable decisions.