INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 11 December 1998 concerning the application of Rule 84(a) EPC* on the late receipt of documents
Having regard to Article 10(2)(a) EPC* and Rule 84a(1) EPC, the President of the European Patent Office has decided as follows:
Article 1
Posting in due time and proof thereof
A document shall have been received in due time within the meaning of Rule 84a EPC, if it was posted or delivered to one of the delivery services referred to in Article 2 five days before the expiry of the relevant time limit. At the request of the EPO, confirmation of registration by the post office or of receipt by the delivery service shall be provided as evidence that the document was posted in due time.
Article 2
Delivery services
Those delivery services generally recognised by the EPO within the framework of Rule 84a EPC shall be: DHL, Express Post, Federal Express, TNT, UPS.
Article 3
Methods of despatch
Rule 84a EPC shall only apply if the document was sent as a registered letter and, if posted outside Europe, by airmail. This applies mutatis mutandis to the transportation of the document by a delivery service.
Article 4
Entry into force
This decision shall enter into force on 1 January 1999.
Done at Munich on 11 December 1998
Ingo KOBER
President
* Inserted by decision of the Administrative council of 10 December 1998 amending the European Patent Convention and its Implementing Regulations. OJ EPO 1999, 1 (in this issue).