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Information from the Boards of Appeal Presidium, business distribution and texts relating to the proceedings

XII.1 - Application of Rule 133 EPC on the late receipt of documents

Decision of the President of the European Patent Office dated 11 March 2015 concerning the application of Rule 133 EPC on the late receipt of documents

The President of the European Patent Office,

having regard to Article 10(2)(a) EPC and Rule 133(1) EPC,

taking into account the need for periodic updating of the list of generally recognised postal service providers,

has decided as follows:

Article 1

Delivery in due time and proof thereof

A document shall be deemed to have been delivered in due time within the meaning of Rule 133 EPC if it was delivered to one of the postal service providers referred to in Article 2 five days before the expiry of the relevant time limit. At the request of the EPO, confirmation of receipt by the postal service provider shall be provided as evidence that the document was delivered in due time.

Article 2

Postal service providers

The postal service providers generally recognised by the EPO for the application of Rule 133 EPC shall be the designated operators within the meaning of Article 1 of the Universal Postal Convention and:

-
Chronopost, [ 1 ]
-
DHL, [ 2 ]
-
Federal Express, [ 3 ]
-
flexpress, [ 4 ]
-
TNT, [ 5 ]
-
SkyNet, [ 6 ]
-
UPS[ 7 ] and
-
Transworld[ 8 ].

Article 3

Methods of despatch

Rule 133 EPC shall only apply if the document was sent as a registered letter or equivalent and, if posted outside Europe, by airmail.

Article 4

Previous decisions superseded

When this decision enters into force, the decision of the President of the European Patent Office dated 14 July 2007 concerning the application of Rule 133 EPC on the late receipt of documents (Special edition No. 3, OJ EPO 2007, I.1) will cease to have effect.

Article 5

Entry into force

This decision will enter into force on 1 April 2015.

Done at Munich, 11 March 2015

Benoît BATTISTELLI

President