INFORMATION FROM THE EPO
Notices of the President of the EPO
Notice from the President of the European Patent Office dated 19 October 2001 concerning the incidents of 11 September 2001 in the USA
For those applicants and representatives who have their place of business or domicile in New York, NY, I have given instructions that, until further notice, communications under Rules 85a and 85b EPC and Rules 16bis and 58bis PCT will not be issued, with the result that periods of grace will not begin to run. Decisions on the interruption of proceedings will be made on a case-by-case basis. Those applicants affected will be asked to outline the circumstances which prevent or prevented them from adhering to the time limit concerned. Applicants and representatives who can provide evidence of an interruption in the mail service within the meaning of Rule 82.2 PCT are kindly asked to do so as soon as possible. Full assistance will also be given with replacing files or data which have been destroyed. At its meeting on 18 October 2001, the Administrative Council decided to incorporate into Rule 85 EPC a provision for the European grant procedure corresponding to Rule 82.2 PCT. This will cover for interruptions in the delivery of mail outside the territories of our contracting states. This new Rule 85(5) EPC has entered into force with retrospective effect from 11 September 2001. Attention is drawn to the Decision of the Administrative Council of 18 October 2001 amending Rule 85 EPC: CA/D 33/01.1