INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 26 May 1992 on the use of technical means of communication for filing patent applications and other documents1
Filing of patent applications
European patent applications and international (PCT) applications may be filed by facsimile at the European Patent Office's filing offices in Munich, The Hague or Berlin. European patent applications may also be filed by facsimile with the competent national authorities of those Contracting States which so permit2.
Filing of other documents
After a European or international application has been filed documents as referred to in Rule 36 EPC or Rule 92.4 PCT with the exception of authorisations and priority documents may be filed by telegram, telex or facsimile at the European Patent Office's filing offices.
Illegible or incomplete documents
Where a document transmitted by a party to the proceedings using one of the technical means provided for in Articles 1 and 2 is illegible or incomplete, the document shall be treated as not having been received to the extent that it is illegible or that the attempted transmission failed. The sender shall be notified as soon as possible.
Written confirmation reproducing patent applications and other documents
(1) Where a European or international application is filed by facsimile, written confirmation reproducing the contents of the facsimile documents and complying with the requirements of the Implementing Regulations to the EPC or the Regulations under the PCT must, at the invitation of the Receiving Section, be supplied within a non-extendable period of one month. If the applicant fails to comply with this invitation in due time the European patent application shall be refused (Article 91(3) EPC); the international application shall be deemed withdrawn (Rule 92.4(g)(i) PCT).
(2) If documents relating to European patent applications or patents or to international applications are filed by telegram, telex or facsimile, written confirmation reproducing the contents of the documents filed by these means and complying with the requirements of the Implementing Regulations to the EPC or the Regulations under the PCT must, at the invitation of the European Patent Office department charged with the procedure, be supplied within a non-extendable period of one month. If a party fails to comply with this invitation in due time, the telegram, telex or facsimile shall be deemed not to have been received (Rule 36(5) EPC, Rule 92.4(g)(ii) PCT).
Earlier decisions superseded
Upon entry into force of this decision the decision dated 5 May 1989 on the use of technical means of communication for filing patent applications and other documents (OJ EPO 1989, 219) shall cease to have effect.
Entry into force
This decision shall enter into force on 1 July 1992.
Done at Munich, 26 May 1992.
2 This is at present permitted by the Belgian Patent Office, the Swiss Federal Intellectual Property Office, the Danish Patent Office, the German Patent Office, the French Institut national de la propriété industrielle, the Austrian Patent Office, the Swedish Patent and Registration Office and the UK Patent Office (see Official Journal (Patents) 1992, 1416).