Article 37

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 16 May 2025 concerning the impact of the power outages of 28 April 2025 in Spain, Portugal, Andorra and parts of France

1. In view of the major power outages in Spain, Portugal, Andorra and parts of France on 28 April 2025, attention is drawn to the general legal remedies in cases of non-observance of time limits provided for under the European Patent Convention (EPC), in particular Rule 134(2) and (5) EPC, under the Rules relating to Unitary Patent Protection (UPR) and under the Patent Cooperation Treaty (PCT), notably Rule 82quater.1 PCT.

2. In the case of parties who reside in France, Portugal and Spain or have appointed representatives with their place of business in France, Portugal and Spain, time limits which expired in the period from 28 April to 29 April are extended to 30 April 2025 pursuant to Rule 134(2) and (3) EPC.

3. Without prejudice to paragraph 2 of this notice, Rule 134(5) EPC offers a safeguard in the case of non-observance of a time limit as a result of a dislocation in the delivery or transmission of mail caused by an exceptional occurrence such as a natural disaster or other like reasons affecting the locality where an applicant, a party or their representative resides or has their place of business. This provision applies to cases where the failure to observe time limits is the result of exceptional circumstances beyond the control of the person concerned and may therefore be invoked by any applicants, parties to proceedings or their representatives affected by the power outages in Andorra.

4. Rule 134(2) EPC applies mutatis mutandis in proceedings under the Rules relating to Unitary Patent Protection (Rule 20(2)(g) UPR). Accordingly, time limits which expired in the period from 28 April to 29 April in such proceedings are equally extended to 30 April 2025.

5. As for time limits and conditions applicable under the PCT, pursuant to Rule 82quater.1 PCT, applicants must take the relevant actions as soon as reasonably possible and submit a request for excuse of the delay no later than six months after the expiration of the applicable time limit. The EPO waives the need to provide evidence in relation to any requests under Rule 82quater.1 PCT related to the situation referred to in paragraph 1, pursuant to Rule 82quater.1 (d) PCT.

6. Applicants are reminded that Rule 82quater.1 PCT applies to international applications pending in the international phase and the associated time limits set in the PCT Regulations. Therefore, it does not apply to the priority period set under Article 4C of the Paris Convention, as applicable pursuant to Article 8(2)(a) PCT, nor to the time limit for entering the national phase under Articles 22 and 39 PCT. Nevertheless, if an international application is received at the EPO after expiry of the priority period, restoration of the right of priority pursuant to Rule 26bis.3 PCT may be available.