K. Formal aspects of decisions of EPO departments
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Under R. 111(1) EPC, a decision delivered during oral proceedings must be put in writing and notified to the parties. The date of notification is relevant with regard to the filing of an appeal (Art. 108 EPC and R. 111 EPC). The legal fiction of deemed notification set out in R. 126(2) EPC applies whereby the letter is deemed to be delivered on the tenth day following its handover to the postal service provider.