INFORMATION FROM THE EPO
Notice from the European Patent Office dated 2 June 1992 concerning the filing of patent applications and other documents
This notice is issued in connection with the Decisions of the President of the EPO of 26 May 1992 on the use of technical means of communication for filing patent applications and other documents (see p. 299) and 18 March 1991 on the setting up of a filing office in the Pschorrhöfe building in Munich (see OJ EPO 1991, 223). It applies as from 1 July 1992.
1. Filing of patent applications
1.1 European patent applications and international (PCT) applications may be filed direct, by post or by facsimile1 with the EPO's filing offices in Munich, The Hague and Berlin (see point 7).
1.2 European patent applications may also be filed with the competent national authorities of the Contracting States direct, by post or, if those authorities permit, by facsimile1 (cf. Article 1 of the Decision of 26 May 1992).
1.3 European and international patent applications may not at present be filed by telegram, telex, teletex or similar means or on diskette or similar data carriers. Applications so filed will not be treated as European or international applications and cannot be accorded a valid date of filing within the meaning of Article 80 EPC or Article 11 PCT.
2. Filing of other documents
2.1 After a European or international application has been filed other documents may be filed in any proceedings before the EPO direct, by post or - with the exception of authorisations and priority documents - by telegram, telex2 or facsimile at the EPO's filing offices. They may not at present be filed on diskette or similar data carriers, by teletex or similar means.
2.2 In order to expedite the procedure it is recommended that documents filed subsequently be sent to the EPO filing office at The Hague whilst the application is being processed there. Documents relating to examination, opposition and appeal proceedings pending before the EPO in Munich or to PCT Chapter II international preliminary examination proceedings should always be filed direct with the filing offices in Munich.
3. Signature
Requests for grant of a European patent or for applications to be processed as international applications and other documents must be signed unless they are annexes. The name of the person filing such documents will be accepted by way of signature on telegrams and telexes, as will the reproduction of their signature on facsimiles. The name and position of that person must be clear from the signature.
4. Written confirmation reproducing patent applications and other documents
4.1 If a European patent application or an international application is filed by facsimile the hard-copy application documents (in three copies) complying with the Rules and the Request for Grant (EPO Form 1001) or Request (Form PCT/RO/101) should be forwarded simultaneously and the facsimile should state that such documents have been forwarded. Otherwise, the EPO will invite the applicant to supply such documents within a non-extendable period of one month (cf. Article 4(1) of the Decision of 26 May 1992).
To prevent duplication of files applicants are asked to indicate the facsimile date and the name of the authority with which the documents were filed on regulation hard-copy documents and to make it clear that these documents represent "confirmation of an application filed by facsimile". In the case of European applications a cross should be placed in the box provided for this purpose at the top of the front page of the Request for Grant (EPO Form 1001).
4.2 Written confirmation is required by the EPO where other documents relating to European patent applications or patents or to international applications are filed by telegram, telex or facsimile (cf. Article 4(2) of the Decision of 26 May 1992), if:
(a) the application or the designation of a Contracting State is withdrawn in the document;
(b) the documents or drawings in question alter or replace application or patent documents, unless such documents are filed with the EPO as International Preliminary Examining Authority;
(c) the documents so communicated are of inferior quality.
In the case of (a) and (b) hard-copy documents complying with the Rules and in particular properly signed should be forwarded simultaneously and the telegram, telex or facsimile should clearly state that such documents have been forwarded at the same time, failing which the EPO will invite the party to the proceedings to file these within a non-extendable period of one month. This invitation is also issued in the case of (c) and when the special circumstances of the case so require, for example if the identity of the person filing the document or his entitlement to act as representative are in doubt.
Applicants are requested to clearly indicate on regulation hard-copy documents that these documents represent "confirmation of a document filed on ... by telegram/telex/facsimile with ... (filing authority)". Reference is expressly made to Rule 36(4) EPC.
4.3 The provisions of Rules 41 EPC and 26 PCT are not affected.
5. Date of receipt of documents
5.1 Patent applications filed by facsimile are accorded as the date of filing the date on which the facsimile application documents are received in full at the EPO provided these documents satisfy the requirements of Article 80 EPC or Article 11(1) PCT. If transmission continues after midnight and the documents received on the previous day satisfy these requirements, the application is accorded the date of the previous day as the date of filing provided the applicant requests this and renounces those parts of the application received after midnight.
5.2 Documents filed by telegram, telex or facsimile at one of the EPO filing offices are accorded as the date of filing the date on which they are received at the EPO.
5.3 Where a patent application filed pursuant to point 5.1 or a document filed pursuant to point 5.2 is illegible or incomplete, the document shall be treated as not having been received to the extent that it is illegible or that the attempted transmission failed (cf. Article 3 of the Decision of 26 May 1992).
5.4 Documents handed over personally in one of the EPO filing offices are accorded the date of handing over as the date of filing.
5.5 Documents received by post at one of the EPO filing offices are accorded the date of receipt as the date of filing.
5.6 Documents posted in an automated mail-box3 at one of the EPO filing offices are accorded the date of posting as the date of filing.
5.7 The foregoing paragraphs apply similarly to documents filed with the competent national authorities of the Contracting States. However, once the applicant has received from the EPO the communication under Rule 24(4) EPC, all further documents relating to the application may only be filed with the EPO.
6. Acknowledgement of receipt
6.1 The EPO or the competent national authority of the Contracting State acknowledges receipt of European patent applications on the form provided for this purpose (EPO Form 1001 (Request for Grant), p. 5). The EPO acknowledges international applications on EPO Form 1030/1031.
6.2 The EPO acknowledges receipt of other documents on the form provided for this purpose and completed by the party (EPO Form 1037).
6.3 On request the EPO acknowledges receipt by telex or facsimile of the documents specified in points 6.1 and 6.2 against payment of the administrative fee specified in Section 2.1, item 14, of the Schedule of Fees.
To ensure prompt confirmation of receipt, the request and evidence of payment of the administrative fee or a debit order must be enclosed with the documents or transmitted at the same time. The postal, telex or fax address to which the receipt is to be sent must also be given.
7. Filing and cash offices
7.1 The filing and cash offices of the EPO in Munich, The Hague and Berlin are open for the receipt of documents and payments at the following times:
Munich
Filing offices in the main building (Erhardtstrasse 27) and Pschorrhöfe (Bayerstrasse 34):
Monday to Thursday: 08.00 to 16.45 hrs
Friday: 08.00 to 15.30 hrs
Cash office (main building only):
Monday to Thursday: 08.30 to 12.30 and 13.45 to 15.45 hrs
Friday: 08.30 to 12.30 and 13.45 to 15.00 hrs
The Hague
Filing office:
Monday to Thursday: 08.00 to 12.00 and 13.00 to 16.45 hrs
Friday: 08.00 to 12.00 and 13.00 to 15.30 hrs.
Cash office:
Monday to Thursday: 08.30 to 12.30 and 13.45 to 15.45 hrs
Friday: 08.30 to 12.30 and 13.45 to 15.00 hrs
Berlin
Filing and cash office:
Monday to Thursday: 09.00 to 12.00 and 13.00 to 15.00 hrs
Friday: 09.00 to 12.00 hrs
7.2 The EPO filing offices in Berlin and Munich are equipped with automated mail-boxes, which may be used at any time3.
7.3 The following numbers are available for filing documents by telex or facsimile:
Munich
Telex 523 656 epmu d
Fax (089) 2399-4465
The Hague
Telex 31 651 epo nl
Fax (070) 340-3016
Berlin2
Fax (030) 25901-840
Attention is drawn to the fact that the EPO's sub-office in Vienna (see OJ EPO 1992, 183) is not a filing office for the purposes of Article 75(1)(a) EPC.
8. Application of other provisions
The provisions of the Administrative Agreement between the German Patent Office and the European Patent Office concerning procedure on receipt of documents and payments in the version of 13 October 1989 (OJ EPO 1991, 187) are not affected.
9. Earlier notices superseded
This notice supersedes with effect from 1 July 1992 the Notice from the European Patent Office dated 16 May 1989 concerning the filing of patent applications and other documents (OJ EPO 1989, 221).
1 Applications should only be faxed exceptionally and in cases of particular urgency.
2 There is no telex at the Berlin filing office at present.
3 The automated mail-box facility is not available at the filing office in The Hague at present. Outside office hours documents may be handed in to the porter.