Article 90

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 16 October 2024 regarding the update of the decision concerning the electronic filing of documents

Decommissioning of smart cards

1. As previously announced1, with effect from 1 January 2025, it will no longer be possible to access EPO online services using EPO smart cards. Instead, the EPO provides modern two-factor authentication methods for accessing MyEPO Portfolio, Online Filing 2.0, Central Fee Payment, the EPO Contingency Upload Service and version 5.15 or later of EPO Online Filing (OLF)2. Smart card users are strongly encouraged to start using two-factor authentication as soon as possible.

2. Users can choose from among several two-factor authentication methods, as detailed on the EPO website.3 Currently, these include Okta Verify, Google Authenticator, phone text message (SMS), phone call and email. More methods will be added in the future, and these will be announced on the EPO website. These alternatives to the EPO smart card provide the highest security and greater flexibility, eliminating the need to request smart cards, to install the necessary hardware and software locally and to manage smart-card software upgrades and compatibility issues. Information on how to set up two-factor authentication is available on the EPO website.4

3. European patent applications can be filed using EPO Online Filing (OLF) with two-factor authentication only with those competent national authorities under Article 75 EPC that have adapted their systems accordingly. For information on available alternatives and other services provided by national authorities, including the provision of national office plug-ins, contact the relevant national authority.

4. The updated decision also reflects the expiry of the certificates issued by CERES and the Digital and Population Data Services Agency.

Decommissioning of Web-Form Filing

5. The EPO's Web-Form Filing service will no longer be available from 1 January 2025. Users are encouraged to start using Online Filing 2.0, the EPO secure web-based platform for filing patent applications online, which has been expanded and enhanced as part of the EPO's digital transformation. In the unlikely event that EPO online filing services are not available, safeguards apply under the EPC.5 Moreover, the EPO Contingency Upload Service offers an alternative way of submitting documents in urgent cases.6

Document formats

6. The consequences of filing documents via EPO online services in a format not permitted are clarified. Non-compliance with the prescribed document formats will be considered a formal deficiency.

7. If a European patent application or an international (PCT) application is not filed in the correct format, the EPO will accord a date of filing, provided that the documents received are not illegible or deemed to be illegible and the requirements under Article 80 and Rule 40 EPC or Article 11 PCT, as the case may be, are fulfilled, and invite the applicant to refile the document in the correct format using any of the permitted means of filing, within two months. If the applicant fails to comply with the invitation in time, the European patent application will be refused under Article 90(5) EPC. In the case of an international (PCT) application, failure to comply with the invitation may result in the application being considered withdrawn in accordance with Article 14(1)(b) PCT.

8. If subsequently filed documents are not filed in the correct format, the EPO will invite the party concerned to refile the document in the correct format using any of the permitted means of filing, within a period to be specified. If they do not comply with the invitation in time, the documents will be deemed not to have been received. Otherwise, the documents will retain their original date of receipt.