1.6.2.1 Extension of periods under Rule 134(1)

Periods that expire on a day on which at least one of the filing offices of the European Patent Office (i.e. Munich, The Hague or Berlin) is not open for receipt of documents (e.g. because a public holiday is observed at the location of the EPO's filing office) or on which mail is not delivered for other reasons (with the exception of a general dislocation in the transmission or delivery of mail, which is subject to the provision of Rule 134(2) – see E‑VIII, 1.6.2.3) are extended to the first day thereafter on which all the filing offices are open again for receipt of documents and on which mail is delivered.

An extension pursuant to Rule 134(1) also applies in the event that any one of the means of electronic filing provided by the EPO under Rule 2(1) is not available, regardless of any restrictions on the documents which may be filed by the means of electronic filing that suffered the outage.

– If a means of electronic filing is unavailable for four hours or more because of scheduled maintenance, Rule 134(1), second sentence, applies. If the unavailability of a means of electronic filing lasts less than four hours and is announced at least two working days in advance, Rule 134(1), second sentence, does not apply.

– In the case of unplanned outages, users who are unable to file a document should contact the EPO's Customer Services. If it is confirmed that the unavailability of the service is attributable to the EPO, said users will not suffer any adverse consequences; they may also request that the EPO declare under Rule 134(1), second sentence, that the missed period is extended to the date on which the document was filed.

– If a payment period expires on a day on which one of the accepted means of making payment to the EPO for a Euro-direct or Euro-PCT application is unavailable, the payment period is extended to the first working day thereafter on which all such means of making payment are available unless the outage lasts less than four hours and is announced at least two working days in advance. 

For further details see OJ EPO 2020, A120.