Dear Sir or Madam,
In view of the digital age, in which documents will only be served electronically in the future, the European Patent Office will abolish its so-called 10-day fiction of service, which previously governed the calculation of time limits, as of November 1, 2023.
With amended Rules 126(2) and 127(2) EPC, the current fiction of service, according to which a document is deemed to have been served on the tenth day after delivery to the postal service provider or – in the case of electronic service – on the tenth day after its transmission (“ten-day rule”), will no longer apply as of November 1, 2023. Instead, a new fiction of service will be introduced, according to which electronic (but also any postal) service will be deemed to have taken place on the date as shown of the document.
The amended service fiction is expected to lead to a simplification for users because it will bring the service rules of the EPC and the PCT more in line with each other.
Do you have any further questions on this topic?
Please contact us, we will be pleased to advise you!
Jürgen Feldmeier, LL.M
