INFORMATION FROM THE EPO
Notices of the President of the EPO
Notice of the President of the European Patent Office dated 15 November 2007 concerning the wildfires in Southern California, USA, on 22 October 2007
In view of the dislocations in the delivery of mail caused by the wildfires in the USA, in particular in Southern California on 22 October 2007, attention is drawn to the general legal remedies provided under the European Patent Convention and the PCT in the case of the non-observance of time limits and, more specifically, to the possible applicability of Rule 85(5) EPC.
Rule 85(5) EPC offers a safeguard in the case of non-observance of a time limit as a result of an interruption or a subsequent dislocation in the delivery of mail. Under Rule 85(5) EPC the cause of such interruption can lie in natural calamity. This provision may therefore be invoked by any applicants, parties to proceedings or their representatives affected by the wildfires and residing or having their place of business or staying in Southern California.
Pursuant to this provision, any document received late will be deemed to have been received in due time if the person concerned offers evidence that on any of the ten days preceding the day of expiration of a time limit the mail service was interrupted or subsequently dislocated on account of the effects of this natural calamity, and that the mailing was effected within five days after the mail service was resumed.