Article 40

Decision of the President of the European Patent Office dated 8 September 2026 concerning electronic notification

The President of the European Patent Office (EPO), having regard to Articles 10(2)(a), 119 and 150(2) of the European Patent Convention (EPC), Rule 125(2) and (3) EPC, as amended by decision of the Administrative Council of 19 March 2026 (CA/D 2/26), Rules 3, 20(1) and 20(2)(f) of the Rules relating to Unitary Patent Protection (UPR) and sections 709 and 713 of the Administrative Instructions under the Patent Cooperation Treaty (PCT), has decided as follows:

Article 1

Electronic notification through MyEPO Mailbox

1. Without prejudice to Article 2, electronic notification under Rule 125(2) EPC is effected through MyEPO Mailbox.¹
2. Access to and use of MyEPO Mailbox requires an EPO account and a means of authentication allowed by the EPO.
3. Documents reach their destination within the meaning of Rule 125(2) EPC on the date on which they are made available in MyEPO Mailbox.
4. In the case of electronic notification, no paper copies are notified in parallel.
5. Paragraphs 1 to 4 apply mutatis mutandis to the electronic delivery of notices and communications not subject to notification.

Article 2

Electronic notification using ePCT

1. In proceedings before the EPO acting as receiving Office, International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) under the PCT, electronic notification under Rule 125(2) EPC will be effected through the ePCT service of the International Bureau of WIPO, if so requested by the international agent or applicant. This does not apply in the case of proceedings under Rule 45bis PCT or to communications issued by the EPO as receiving Office before transmittal of the record copy to the International Bureau of WIPO.
2. For international agents and applicants who have requested notification through ePCT but also have a MyEPO Mailbox or can access one using the "PCT Link" service, notifications will be effected in parallel through both MyEPO Mailbox and ePCT.
3. Article 1(4) and (5) applies mutatis mutandis to electronic notification using ePCT.

Article 3

Notification by postal services

1. Notification is effected by postal services under Rule 125(3) EPC only:

1. where the addressee is a witness, an expert, an inventor who is not an applicant or proprietor, a court-appointed trustee or administrator, a registered licensee or a pledgee, or any other person who is neither a party to the proceedings nor a professional representative or legal practitioner acting under Rule 130 EPC, and notification cannot be effected electronically in accordance with Article 1,
2. where, in proceedings under the PCT before the EPO acting as receiving Office, ISA, IPEA or Authority specified for supplementary search, notification cannot be effected electronically in accordance with Article 1 or 2,
3. where the notification involves certified paper copies or physical objects, or
4. where the EPO determines in an individual case that special circumstances so require.

2. Notification by postal services is by registered letter.
3. Notices and communications not subject to notification may likewise be sent by postal services in the situations set out in paragraph 1.

Article 4

Previous decisions superseded

When this decision enters into force, the decision of the President of the EPO dated 22 April 2026 concerning electronic notification using ePCT (OJ EPO 2026, A28) and Article 2 of the decision of the President of the EPO dated 25 March 2026 concerning the web-based service MyEPO and electronic notification to the Mailbox in proceedings under the EPC and the PCT (OJ EPO 2026, A20) will cease to have effect.

Article 5

Entry into force

This decision enters into force on 1 April 2027.

Done at Munich, 8 September 2026

António Campinos

President