ARTICLE
12 October 2023

The EPO's "10 Day Notification Period" Comes To An End

FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Contributor
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
From 1 November 2023, the "10 day notification period" historically provided by the EPO for communications and many associated deadlines will no longer apply.
European Union Intellectual Property
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From 1 November 2023, the "10 day notification period" historically provided by the EPO for communications and many associated deadlines will no longer apply.

This period allowed a communication to be deemed notified 10 days after it was dated and sent, to provide time for it to reach the recipient via post. However, under the new system, communications will be deemed notified the day they are dated and sent, and deadlines will be calculated accordingly. The new system will apply to all communications dated on or after 1 November 2023. It forms part of the EPO's digital transformation, and reflects the fact that the EPO already delivers communications digitally.

Moving forward, it is important to take into account that an additional 10 days will no longer be available on reported deadlines.

The safeguards that exist for situations where a communication from the EPO is not received or is received more than seven days after the date of sending will remain in place. In these circumstances, it will remain the obligation of the EPO to prove that the document was delivered and the date on which it was delivered.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
12 October 2023

The EPO's "10 Day Notification Period" Comes To An End

European Union Intellectual Property
Contributor
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
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