INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 31 March 2003 concerning the application of Rule 84a EPC on the late receipt of documents
The President of the European Patent Office
Having regard to Article 10(2)(a) EPC and Rule 84a(1) EPC,
Taking into account the need to update the list of generally recognised delivery services periodically,
Has decided as follows:
Article 1
Posting in due time and proof thereof
A document shall be deemed to 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 for the application of Rule 84a EPC shall be: Chronopost1, Deutsche Post Express2, DHL3, Federal Express4, LTA5, TNT6, SkyNet7 and UPS8.
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 shall apply mutatis mutandis to the transportation of the document by a delivery service.
Article 4
Entry into force
This decision shall enter into force on 31 March 2003 and shall replace the decision of 11 December 1998 (OJ EPO 1999, 45)
Done at Munich on 31 March 2003
Ingo KOBER
President