2.4 Notification by postal services 

All notifications by postal services must be by registered letter (see also OJ EPO 2023, A108).

A document notified by postal services is deemed to be delivered to the addressee on the date it bears, unless it has failed to reach them. If there are irregularities, the safeguards set out in E‑II, 2.3 apply.

Example

An examination report under Art. 94(3) is dated 30 January 2024 and sets a time limit of four months. The report is delivered on 3 February 2024, which is four days after the date it bears. This means there will be no extension under the safeguard and the document will be deemed notified on 30 January 2024. The four-month time limit triggered by the notification on 30 January 2024 ends on 30 May 2024, a day on which no mail is delivered in Munich (public holiday). It will therefore be extended under Rule 134(1) until 31 May 2024.

By contrast, if the report is delivered on 9 February 2024, i.e. ten days after the date it bears, the time limit will be extended by three days to expire on 2 June 2024 under Rule 126(2). Since 2 June 2024 is a Sunday, it will be extended again under Rule 134(1) to expire on 3 June 2024.

Notification is deemed to have been effected even if acceptance of the document has been refused.

The law applicable for settling other matters relating to notification, e.g. whether delivery to a person other than the addressee is an effective notification to the latter, is the law of the state in whose territory the notification took place.