Article 14
Citation: OJ EPO 2026, A14
Online publication date: 27.2.2026
EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 10 February 2026 concerning the impact of the storms in Portugal
- In view of the effects of the storms in Portugal at the end of January and beginning of February 2026, 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) EPC, under the Rules relating to Unitary Patent Protection (UPR) and under the Patent Cooperation Treaty (PCT), notably Rule 82quater.1 PCT.
- For parties residing in Portugal or having appointed representatives with their place of business in Portugal, periods expiring between 27 January and 26 February 2026 are extended to 27 February 2026 pursuant to Rule 134(2) and (3) EPC.
- Rule 134(2) EPC applies mutatis mutandis in proceedings under the Rules relating to Unitary Patent Protection (Rule 20(2)(g) UPR). Accordingly, periods expiring between 27 January and 26 February 2026 in such proceedings are equally extended to 27 February 2026.
- 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 expiry 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.
- 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. 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.