Article 27

Decision of the Administrative Council of 19 March 2026 amending Rules 2, 22, 114, 125, 129, 134, 152 and 157 and deleting Rules 126, 127 and 128 of the Implementing Regulations to the European Patent Convention (CA/D 2/26)

Article 1

1. Rule 2 EPC reads as follows:

"Rule 2
Filing and formal requirements for documents

1. In proceedings before the European Patent Office, documents shall be filed electronically.

2. Documents may also be filed by postal services. In this case, they must be refiled electronically within two months of an invitation from the European Patent Office to do so, unless otherwise specified by the President of the European Patent Office. If not refiled in due time following such invitation, the European patent application shall be refused; documents filed subsequently shall be deemed not to have been received. Without prejudice to Rule 114, sentences 2 and 3 of this paragraph shall not apply to certified paper copies, physical objects and submissions by individuals not being a party to proceedings.

3. During oral proceedings before a Board of Appeal or the Enlarged Board of Appeal, the filing of documents by delivery by hand may be permitted.

4. Without prejudice to paragraph 3, the President of the European Patent Office shall lay down the details and conditions and, where appropriate, any special formal or technical requirements for the filing and signing of documents."

2. Rule 22(1) EPC reads as follows:

3. Rule 114 EPC reads as follows:

"Rule 114
Observations by third parties

1. Any observations by a third party shall be filed electronically in an official language of the European Patent Office and state the grounds on which they are based. Rule 3, paragraph 3, shall apply. The President of the European Patent Office shall lay down the details and conditions and, where appropriate, any special formal or technical requirements for the filing of such observations.

2. Observations by third parties filed other than electronically shall be deemed not to have been filed and shall not be included in the file of the European patent application concerned.

3. Any such observations filed in accordance with paragraph 1 shall be communicated to the applicant for or proprietor of the patent, who may comment on them."

4. Rule 125 EPC reads as follows:

"Rule 125
Notifications

1. The European Patent Office shall, as a matter of course, notify those concerned of decisions and summonses, and of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under the Convention, or of which notification has been ordered by the President of the European Patent Office.

2. Without prejudice to paragraph 3, notification shall be effected electronically, as determined by and under the conditions laid down by the President of the European Patent Office. A document notified electronically shall be deemed to be delivered to the addressee on the date it bears, unless it has failed to reach its destination. In the event of any dispute concerning the delivery of the document, it shall be incumbent on the European Patent Office to establish that the document has reached its destination and to establish the date on which it reached its destination. If the European Patent Office establishes that the document has reached its destination more than seven days after the date it bears, a period for which the deemed receipt of that document is the relevant event under Rule 131, paragraph 2, shall expire later by the number of days by which the seven days were exceeded.

3. Notification may be made by postal services, by registered letter, as determined by and under the conditions laid down by the President of the European Patent Office, where special circumstances so require and, especially, where the addressee is an individual not being a party to proceedings or where the notification involves certified paper copies or physical objects. A document notified by postal services shall be deemed to be delivered to the addressee on the date it bears, unless it has failed to reach the addressee. In the event of any dispute concerning the delivery of the document, it shall be incumbent on the European Patent Office to establish that the document has reached its destination and to establish the date on which the document was delivered to the addressee. If the European Patent Office establishes that the document was delivered to the addressee more than seven days after the date it bears, a period for which the deemed receipt of that document is the relevant event under Rule 131, paragraph 2, shall expire later by the number of days by which the seven days were exceeded. Notification by postal services shall be deemed to have been effected even if acceptance of the letter has been refused. To the extent that notification by postal services is not covered by this paragraph, the law of the State in which the notification is made shall apply.

4. Notification through the central industrial property office of a Contracting State shall be made in accordance with the law applicable to that office in national proceedings.

5. Where a document has reached the addressee, if the European Patent Office is unable to prove that it has been duly notified, or if provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established by the European Patent Office as the date of receipt."

5. Rules 126, 127 and 128 EPC are deleted.

6. Rule 129 EPC reads as follows:

"Rule 129
Public notification

1. Where electronic notification in accordance with Rule 125, paragraph 2, cannot be effected for reasons within the sphere of responsibility of the addressee, notification shall be effected by public notice.

2. Where notification is to be effected by postal services in accordance with Rule 125, paragraph 3, and

3. The President of the European Patent Office shall determine the details and conditions for public notification, how the public notice is to be given and the beginning of the period of one month on expiry of which the document shall be deemed to have been notified."

7. Rule 134 EPC reads as follows:

"Rule 134
Extension of periods

1. If a period expires on a day on which one of the filing offices of the European Patent Office under Rule 35, paragraph 1, is closed, the period shall extend to the first day thereafter on which all the filing offices are open.

2. If a period expires on a day on which one of the means of electronic communication permitted by the President of the European Patent Office under Rule 2, paragraph 4, is not available at the European Patent Office, the period shall extend to the first day thereafter on which all means of electronic communication are available. The conditions under which a means of electronic communication is considered to be unavailable shall be determined by the President of the European Patent Office.

3. If a period expires on a day on which the use of a means of electronic communication is generally interrupted in a Contracting State or there is a general dislocation in a Contracting State in the delivery of mail, the period shall extend to the first day following the end of the interruption or dislocation for parties which are resident in the State concerned or have appointed representatives with a place of business in that State. Where the State concerned is the State in which the European Patent Office is located, this provision shall apply to all parties and their representatives. This paragraph shall apply mutatis mutandis to the period referred to in Rule 37, paragraph 2.

4. Paragraphs 1 to 3 shall apply mutatis mutandis where acts are performed with the competent authority in accordance with Article 75, paragraphs 1(b) or 2(b).

5. The date of commencement and the end of any interruption or dislocation under paragraph 3 shall be published by the European Patent Office.

6. The President of the European Patent Office may define the conditions under which an action performed late due to an exceptional occurrence such as a natural disaster, war, civil disorder, a general interruption of electronic communication or other like reasons affecting the locality where a party or their representative resides or has their place of business shall be deemed to have been performed in due time."

8. Rule 152(11) EPC reads as follows:

9. Rule 157(2) EPC reads as follows:

Article 2

1. Rules 2, 22, 114, 125, 129, 134 and 157 EPC as amended by Article 1 of this decision enter into force on 1 April 2027. The deletion of Rules 126, 127 and 128 EPC pursuant to Article 1 of this decision takes effect on 1 April 2027.

2. Rule 152(11) EPC as amended by Article 1 of this decision enters into force on 1 June 2026.

Article 3

1. Rules 2 and 114 EPC as amended by Article 1 of this decision apply to documents and third-party observations received by the European Patent Office on or after 1 April 2027.

2. Rules 125 and 129 EPC as amended by Article 1 of this decision apply to documents with a date of 1 April 2027 or later.

3. Rule 134 EPC as amended by Article 1 of this decision applies to periods expiring on or after 1 April 2027.

4. Rule 152(11) EPC as amended by Article 1 of this decision applies to any authorisation of an association of representatives received by the European Patent Office on or after 1 June 2026.

5. Rules 22(1) and 157(2) EPC as amended by Article 1 of this decision apply with effect from 1 April 2027.