1.6 Forwarding of applications 

The central industrial property office of a contracting state is obliged to forward applications filed (see A‑II, 3.2) with it or with other competent authorities in that state to the EPO in the shortest time compatible with its national law on the secrecy of inventions (for debit order enclosures, see A‑II, 1.5).

A time limit of six weeks after filing is specified for the onward transmission to the EPO of applications not classified as secret. This is extended to four months or, where priority has been claimed, to 14 months after the date of priority, for applications requiring further examination as to their classification as secret. An application received outside the specified time limits, either six weeks or four months, must be processed, provided it is received in Munich, The Hague or Berlin before the end of the 14th month after filing or, where appropriate, after the date of priority. Applications received after 14 months are deemed withdrawn. Re-establishment of rights and further processing in respect of the period under Rule 37(2) are not possible, since the loss of rights does not result from the applicant's failure to observe a time limit (see J 3/80). However, the applicant may file a request for conversion under Art. 135(1)(a) (see A‑IV, 6).

If the time limit referred to in Rule 37(2) expires on a day on which the delivery or transmission of mail is interrupted or subsequently dislocated within the meaning of Rule 134(2), it will extend to the first day following the end of the period of interruption or dislocation.