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ARTICLE · 09 MAY 2023

EPO Notice Regarding The 10 Day Rule

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The EPO have published further information in a Notice in the Official Journal dated 6 March 2023 in preparation for the abolition of the 10 day rule (found here: EPO – Notice from the European Patent Office...

United KingdomIntellectual Property

The EPO have published further information in a Notice in the Official Journal dated 6 March 2023 in preparation for the abolition of the 10 day rule (found here: EPO – Notice from the European Patent Office dated 6 March 2023 concerning amended Rules 126, 127 and 131 EPC). In particular, the Notice provides clarification regarding the amendments that are being made to Rules 126(2), 127(2) and 131(2) EPC, which currently give rise to the 10 day rule. These amendments are due to enter into force on 1 November 2023 and will strengthen the alignment of the EPO's approach with that of the PCT.

As it stands, notifications from the EPO are deemed to have been delivered to the addressee on the tenth day following the date of the document to account for postal delays. When the changes come into force, the date upon which notification is deemed to have occurred will be the date shown on the document and deadlines will be calculated from this date, thereby ending the

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