1. Calculation, determination and extension of time limits
Overview
1. Calculation, determination and extension of time limits
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Time limits in the EPC have two conceptual elements: firstly, a period of time determined in years, months or days, and secondly, a relevant date, which serves as the starting date of the time limit, and from which the period of time is counted (J 18/04, OJ 2006, 560). The term "deadline" is broader than the terms "time limit" and "period" as it encompasses any last date for validly performing an action and says nothing about the nature of the underlying time restriction (J 10/12).
- T 858/18
If a facsimile transmission of a document within the meaning of Rule 50(3) EPC begins on an earlier date and extends beyond midnight to a later date, the entire document is accorded the later date as single date of receipt. There is no legal basis for according the earlier date as date of receipt to the part of the document arriving at the EPO before midnight (see in particular point 6 and for the term "document" point 4 and for the "date of receipt" point 5 of the reasons).
Deviating from decisions T 2061/12 and T 2317/13 (see points 7.3 and 7.4 of the reasons).
- J 10/20
If the European Patent Office issues a promise or statement on how to act in a given area, the principle of legitimate expectations requires that promise or statement to be honoured unless there is good reason not to do so. Users and representatives cannot be expected to question, without any apparent reason, statements on the extension of time limits which are made in publications under Rule 134(4) EPC. Even in the absence of a general dislocation in the delivery or transmission of mail, they can rely on such publications without suffering any disadvantages (points 1.12.-1.20 of the Reasons).