Article 36

Notice from the European Patent Office dated 1 July 2026 concerning the application of Rule 134(5) EPC after earthquakes in Venezuela on 24 June 2026

1. In view of the earthquakes in the north-west of Venezuela on 24 June 2026, we would like to draw your attention to the general legal remedies in cases of non-observance of time limits provided for under the European Patent Convention, more specifically Rule 134(5) EPC, under the Rules relating to Unitary Patent Protection (UPR) and under the Patent Cooperation Treaty (PCT), notably Rule 82quater.1 PCT.
2. 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 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 earthquakes in Venezuela.
3. Pursuant to Rule 134(5) EPC, 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 expiry of a period, it was not possible to observe the time limit due to such an exceptional occurrence and that the mailing or the transmission was effected at the latest on the fifth day after the end of the disruption.
4. Rule 134(5) EPC applies mutatis mutandis to proceedings related to European patents with unitary effect (Rule 20(2)(g) UPR). Accordingly, the provision may be invoked in such proceedings by any proprietors or their representatives affected by the earthquake in Venezuela.
5. As for time limits and conditions applicable under the PCT, applicants are referred to Rule 82quater.1 PCT. This provision applies to international applications pending in the international phase and the associated time limits set in the PCT Regulations. It does not apply to the period for claiming priority, in which case, however, restoration of the right of priority pursuant to Rule 26bis.3 PCT may be possible.