INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 29 October 2002 on the electronic filing of patent applications and other documents
The President of the European Patent Office (EPO),
having regard to Rule 24(1) and Rule 36(5) EPC and Rule 89bis.1 and 2 PCT,
has decided as follows:
Article 1
Filing of patent applications
(1) European patent applications and international (PCT) applications may be filed with the EPO in electronic form.
(2) European patent applications may also be filed in electronic form with the competent national authorities of those contracting states which so permit.
(3) Electronic filing may be effected online or on electronic data carriers in accordance with the notice1 issued in connection with the present decision.
Article 2
Filing of other documents
The EPO may decide that, after a European or international application has been filed, documents within the meaning of Rule 36 EPC or Rule 89bis.1 and 2 PCT may be filed in electronic form in accordance with the notice1issued in connection with the present decision
Article 3
Preparation of documents
The documents referred to in Articles 1 and 2 shall be prepared using the software provided free of charge by the EPO, unless the use of other software is permitted.
Article 4
Illegible or incomplete documents; infected files
(1) Where a filed document is illegible or incomplete, that part of it which is illegible or incomplete shall be regarded as not having been received.
(2) If a filed document is infected with a computer virus or contains other malicious software, it shall be deemed to be illegible. The Office shall not be obliged to either open it or process it.
(3) Where a filed document is found to be deficient within the meaning of paragraphs 1 or 2, the sender, provided that he can be identified, shall be notified promptly.
Article 5
Paper confirmation
No confirmation on paper is required for documents filed in accordance with Articles 1 and 2.
Article 6
Cancellation of previous decisions
The decision dated 7 December 2000 on the electronic filing of European patent applications and subsequent documents (supplement to Official Journal 4/2001) shall cease to have effect when the present decision enters into force.
Article 7
Entry into force
This decision shall enter into force on 1 November 2002.
Done at Munich, 29 October 2002
Ingo KOBER
President