Rule 78 112/113

Notification by post

Art. 119

(1) Decisions incurring a time limit for appeal, summonses and other documents as decided on by the President of the European Patent Office shall be notified by registered letter with advice of delivery. All other notifications by post shall be by registered letter.

(2) Where notification is effected by registered letter, whether or not with advice of delivery, this shall be deemed to be delivered to the addressee on the tenth day following its posting, unless the letter has failed to reach the addressee or has reached him at a later date; in the event of any dispute, it shall be incumbent on the European Patent Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be.

(3) Notification by registered letter, whether or not with advice of delivery, shall be deemed to have been effected even if acceptance of the letter has been refused.

(4) To the extent that notification by post is not covered by paragraphs 1 to 3, the law of the State on the territory of which the notification is made shall apply.

112 Amended by decision of the Administrative Council of 10.12.1998 which entered into force on 01.01.1999 (OJ EPO 1999, 1 ff).

113 See announcement by the President of the EPO of 23.10.1980 concerning the use of an address for correspondence by applicants acting without a representative (OJ EPO 1980, 397 ff).

Cross-reference list
R. 78 R. 126

Quick Navigation