1 November 2023: End of the “Ten Day Rule”

[02/11/2023]

In October 2022, the Administrative Council of the EPO amended a number of the Implementing Regulations of the European Patent Convention (EPC) including the abolishment of the ten-day rule (EPC Rules 126(2) and 127(2)).

So far, this ten-day rule has provided that the date of receipt of a document sent by the EPO was automatically deemed to be ten days from the date on the document. The corresponding time-limit was calculated from the date of receipt calculated as indicated above. Therefore applicants and their representatives could use this additional time period to reply to an office communication.

From 1 November, this rule does no longer apply, which means that EPO notifications are deemed to occur on the date of the document (unless it has failed to reach the addressee) and time limits for filing replies are calculated from that date. It is no longer possible to rely on the additional time period of the ten-day rule.

If you have any questions relating to end of the ‘ten day rule’, please feel free to contact us!